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(영문) 광주지방법원 2019.08.09 2019고단2151
변호사법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 is the representative of the corporation B that carries on the forest development business, and C is the president of the association of a local forestry cooperative that is a forestry cooperative that aims at the forest project and credit business.

1. On Nov. 1, 2015, the Defendant violated the Attorney-at-Law Act: (a) at the D Association office located in Vietnam, the Defendant proposed that C be granted a negotiated contract from FF forces to the said Association; and (b) in return, C was awarded a subcontract for part of the said Corporation to B operated by the Defendant, and (c) accepted the proposal.

Accordingly, on December 30, 2015, the Defendant increased the contract amount of G construction works to KRW 1,549,504,000 by a negotiated contract from F-gun to KRW 1,322,40,000, in response to the solicitation of public officials in charge of the F-Gun H and F-Gun finance and accounting by the Defendant.

was able to do so.

After that, on January 18, 2016, the Defendant ordered a subcontract for construction and landscaping planting process among the above G development projects from the D Association to KRW 608,000 (referring to the ratio of the subcontract amount to the original contract amount in relation to the subcontracted work; 95.04%) from the D Association offices located in Vietnam, in return for the recommendation of contract orders as above, and received a subcontract payment directly from the FF group until May 2017.

In the case of this subcontract contract, the direct payment agreement was entered into as an incidental agreement, and the FF group paid the subcontract to B, a direct subcontractor.

As a result, the defendant acquired property benefits on the intermediation of matters belonging to public officials' duties.

2. The offering of a bribe (public offering) is conducted by the Defendant at the office of the president of the D Association in Vietnam around March 2016, and “D Association” from C to F group.

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