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(영문) 서울중앙지방법원 2013.05.03 2013고합262
변호사법위반등
Text

Defendants shall be punished by imprisonment for eight months.

However, for two years from the date this judgment became final and conclusive, each of the above Defendants is against the Defendants.

Reasons

Punishment of the crime

1. On June 11, 2010, Defendant A received a request from the Gwanak-gu Seoul Special Metropolitan City Gwanak-gu International Real Estate to employ K as a park park and a commercial person belonging to the Gwanak-gu Seoul Special Metropolitan City Office and to request it.

In fact, the defendant did not have the intention or ability to make a solicitation to the public officials in charge that K is employed as parks and greenbelts of the Gwanak-gu Office and business members belonging thereto.

Nevertheless, the defendant responded to the J that K can be employed as a common letter, and received 9 million won as a consideration.

Accordingly, the Defendant received money and valuables under the pretext of soliciting or arranging the affairs handled by the public officials at the same time by deceiving the victim J and receiving KRW 9 million from the victim belonging thereto.

2. On January 201, Defendant B received request from the Gwanak-gu Seoul Special Metropolitan City L Building No. 1314 to accept M from J as a park park and a commercial person belonging to the Gwanak-gu Seoul Special Metropolitan City Office.

In fact, the defendant did not have the intention or ability to request the public officials in charge to be employed as parks and greenbelts of the Gwanak-gu Office and business members belonging thereto.

Nevertheless, the defendant responded to the J that M can be employed as a common letter, and received 10 million won as a consideration.

Accordingly, the Defendant, as seen above, received money and valuables under the pretext of soliciting or arranging the affairs handled by the public officials at the same time by deceiving the victimJ and receiving KRW 10 million from the victim.

Summary of Evidence

[The point of paragraph (1) at the time of sale]

1. Defendant A’s legal statement

1. A copy of the protocol concerning the examination of suspect by the prosecution against the defendant A, and a protocol concerning the examination of suspect by the prosecution against J;

1. Statement made to the prosecution by the N;

1. Statement of the police statement to K;

1. Receipts without passbooks, certificates of deposit transaction records (O), and certificates of provision of financial transaction information (274 pages of investigation records);

1. Defendant B’s legal statement

1. The protocol of interrogation of the suspect against the defendant B, and the J.

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