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(영문) 광주지방법원 2013.07.26 2012고단6768
변호사법위반등
Text

Imprisonment with prison labor for the crimes of Article 2 of the judgment of the defendant, for the crimes of Article 1 of the judgment and the crimes of Article 3 of the judgment.

Reasons

Punishment of the crime

On September 30, 2005, the defendant was sentenced to eight months of imprisonment for embezzlement at the Gwangju District Court, and the claim for recovery of the right of appeal was accepted on January 2, 2006, and on February 7, 2007, the decision became final and conclusive on February 15, 2007, which was sentenced to two years of suspended execution for eight months of imprisonment for the same crime at the Gwangju District Court. On December 19, 2006, the decision became final and conclusive on the 27th of the same month, which was sentenced to two years of suspended execution for ten months of imprisonment for fraud at the Gwangju District Court.

[2012 Highest 6768]

1. On December 201, 201, the Defendant violated the Attorney-at-Law Act: (a) heard that the chief Justice F Justice of the reappeal case (the case number 201Ma2349, Supreme Court No. 2011Ma2349) against the decision of dismissal of a request for auction of real estate filed by the victim E (the age of 58) with the Supreme Court; and (b) through D, requested the victim to “F Justice and Dong branch,” and agreed to receive money and valuables from the victim.”

On December 18, 2011, at the I coffee shop located in Jung-gu Seoul Metropolitan Government H, the Defendant demanded that “G and stories were well-known,” such as D, and received KRW 1 million in cash from the victim on the pretext of teaching agenda.

B. Around December 19, 2011, the Defendant called D to the effect that “If the Defendant appears to have a favor to F Justice, the Defendant would take the cost of attorney-at-law at least KRW 50 million on the cost of attorney-at-law, and 30 million on the level of KRW 30 million.”

Accordingly, D had D request the same amount of money to the victim on the same day, and received money from D to the Agricultural Cooperative account in the name of J, which is the son's children on the same day, in the name of school expenses.

C. The Defendant called D on January 2012, 201 and called “I prepare for additional KRW 20 million as I are proceeding well,” and D shall pay the same amount of money by telephone to the victim around that time.

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