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(영문) 부산지방법원 2013.10.25 2013고합566
변호사법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant shall be a public official of Grade 9 in technical service in charge of general affairs, such as academic affairs and classes, at C University Nursing Universities, Graduate Schools, Graduate Schools, Graduate Schools, and Integrated Administrative Offices of Herb Medical Schools.

around July 2012, the Defendant received 300,000 won in total from August 20, 2012 to January 31, 2013, from the head of the Busan D Secondary School Administration Office (“C University Lifelong Education Institute”) upon the request of the head of the Da University E to “a request to open and teach a lecture at C University Lifelong Education Institute.” On August 21, 2012, the Defendant received KRW 16,90,000 from August 20, 2012 to January 31, 2013 under the same name as the list of crimes in the attached Form.

Accordingly, the defendant received money and valuables under the pretext of soliciting the affairs handled by public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning E and F;

1. Details of deposit account transactions;

1. Copy of the private records card which is public officials;

1. Each investigation report (the verification of the fact that the C University is the official department of the C University, the verification of the status of employment of the C University, the rules for the operation of lifelong education institutes, the operational rules, and the binding of a list of members of the

1. Article 111(1) of the Attorney-at-Law Act applicable to the facts constituting an offense and Article 111(1) of the Act on the Selection of Punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The instant crime committed on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order was received KRW 16.9 million in total from E under the pretext of soliciting public officials belonging to the Lifelong Education Institute of the Cuniversity to make the Defendant make a speech at the Cuniversity lifelong Education Institute, and the Defendant is equivalent to Grade 9 public officials belonging to C University.

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