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(영문) 서울서부지방법원 2016.01.13 2015고단2811
변호사법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits from a person who is not an attorney-at-law, handle or mediate any act of representation, legal counseling, preparation of legal documents or other legal affairs in connection with a litigation case;

A. On January 19, 2013, at the coffee shop in Gangnam-gu Seoul Metropolitan Government, the Defendant received from the victim D a request from the victim D to the effect that “one year of imprisonment with prison labor for a violation of defensive justice in 1976 and two years of suspended execution shall be acquitted by requesting a retrial,” and examined the relevant documents, and then received a transfer of KRW 3 million from the victim to the agricultural bank account in the name of the Defendant on March 19, 2013.”

B. The Defendant, at the above place around June 2013, stated that “The Defendant would help the above victim re-examine the case of disposition of non-prosecution by filing a complaint with the representative director of E company in around 1984, which would change the fee of KRW 3.3 million,” and received KRW 2 million from the victim under the pretext of the fee of the case around that time.

Accordingly, even if the defendant is not an attorney-at-law, he received money and valuables in a litigation case.

2. On March 22, 2013, the Defendant received 2.3 million won in total from the victim, on March 21, 2013, by receiving KRW 1.5 million from the Defendant’s agricultural bank account under the name of the Defendant, at the places indicated in the preceding paragraph, and requesting that the said victim “as to the above case related to the review, the said case demands that the said victim pay money to KRW 3 million,000,000,000,000,000 to the agricultural cooperative account in the name of the Defendant.”

As a result, the defendant received money and valuables on the pretext of solicitation or good offices with respect to cases or affairs handled by public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. D. D.

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