A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant was well aware of the victim D's successful hotel building E which exercises the right of retention as a matter of construction cost.

At around 14:00 on June 22, 2012, the Defendant told the victim D to the office of the Defendant of the fourth floor of the F building in the Busan Dong-gu, Busan, that “The Defendant is well aware of the case that he exercises the right of retention on the knocked hotel. On the face of the cost, the Defendant would have settled the problem of the right of retention by arbitration at an appropriate amount with respect to the right of retention exercised by E.

As such, the Defendant promised to receive money, valuables, entertainment or other property benefits from the foregoing D and received KRW 5 million from the Busan Bank account in the name of the Defendant’s wife G on the same day under the pretext of resolving general legal cases, and KRW 5 million from the same account on the 29th of the same month.

Accordingly, even though the defendant is not a lawyer, he received money, and dealt with general legal affairs such as arbitration or agreement in relation to the exercise of lien.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (including the substitute part);

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 109 of the Attorney-at-Law Act applicable to facts constituting an offense, Article 109 of the Act on the Selection of Punishment, and Selection of Imprisonment

1. Article 62 (1) of the Criminal Act (i.e., confession and reflect, the absence of the same criminal records, the partial return of the amount, and the circumstances leading to the instant crime, etc.);

1. Article 116 of the Attorney-at-Law Act;