Text
Defendant
A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with prison labor for a period of four months.
Defendant
A 50,000,000 won,
Reasons
Punishment of the crime
2014Gohap455
1. Defendants in violation of the Attorney-at-Law Act and Defendant A’s fraud Defendants were forced to leave from the owner of the building at the “G” restaurant operated by the victim in Gangnam-gu Seoul, Gangnam-gu, which had been operated by the victim in Seoul, on December 2, 2011, and proceeded with criminal complaints and evacuation lawsuits against the said building owner. Accordingly, the Defendants exercised influence over the legal profession and solicited the public officials to receive money and valuables from the victim under the pretext of solicitation.
However, Defendant A did not know at all the public officials related to the court and the prosecutor, such as the prosecutor's legal assistance officer or the chief of the department, and there was no intention or ability to make the relevant public officials win the victim's lawsuit.
Nevertheless, Defendant A made a false statement that around that time, Defendant A may have Defendant B win the victim’s lawsuit. Accordingly, Defendant B, around December 27, 201, knew of the public official related to the court and prosecutor’s office, such as the prosecutor’s legal assistance officer, etc., and may win the lawsuit or receive premium in favor of the victim. Expenses incurred in carrying out the work are required, and Defendant A transferred KRW 2 million from the victim to the Defendant B’s account at the Defendant’s office located in Mapo-gu Seoul Metropolitan Government, to the Defendant’s office on February 3, 2012. Defendant A appears to have the head of the department at the Defendant’s office located in Mapo-gu Seoul Metropolitan Government, “I would have the head of the department,” and Defendant B received KRW 20 million from the victim in cash in accordance with the direction of the Defendant A, who received expenses from the victim. The chief of the department, who led the building owner to a criminal complaint and received KRW 20 million from the victim in cash.
As a result, the Defendants conspired to accept money and valuables under the pretext of solicitation for the cases handled by public officials. At the same time, the Defendant A deceiving the victim to total of KRW 22 million.