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Reasons
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(영문) 의정부지방법원 2014.11.14 2013고단2754
변호사법위반
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Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On July 12, 2012, Defendant A served as the principal of the “F” branch of a law firm located in the building in Namyang-si, Namyang-si, and received a request from B to the effect that “I would be able to promptly release from the prison of a government-funded institution” from the said office, and that “B would be able to release the said G from the said office by requesting the prosecutor and the staff of the prosecution, etc. by requesting the prosecutor and the staff of the prosecution.” On the 12th of the same month, Defendant A received KRW 10 million from the victim’s account in the name of “Law Firm H” in the name of “Law Firm H”.

Accordingly, the defendant received money and valuables under the pretext of soliciting or arranging the case or affairs handled by the public official.

2. On May 1, 2013, the Defendant: (a) was present at the investigation of the Namyang-gu Police Station and the office of the Economic Team at the Namyang-gu Police Station and the office of the first team, and was investigated as to the case of paragraph (1) above; (b) was given a statement to supplement the complaint from the police officer I to peruse it; and (c) was not properly stated in the statement; and (d) was destroyed by tearing the documents used in the public service book against the tear, thereby impairing its utility.

Summary of Evidence

1. Defendant B’s legal statement

1. Each legal statement of the witness J and B;

1. Statement made by witnesses B in the third protocol of the trial;

1. Examination protocol of Defendant A by the prosecution (including the whole part of the interrogation protocol with B);

1. Part of the protocol of interrogation of the police officer against Defendant A, which is replaced with B

1. Each police interrogation protocol against Defendant B and K

1. Each police statement concerning J and L;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 111(1) of the Attorney-at-Law Act (Options of Imprisonment): Defendant B; Article 141(1) of the Criminal Act; Article 141(1) of the same Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 116 of the Attorney-at-Law Act.

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