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(영문) 대구지방법원 2016.09.22 2016고단3047
변호사법위반
Text

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

15,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On May 9, 2015, at the French coffee shop located in Daegu-gu, Daegu-gu, the Defendant heard from B the phrase “to obtain information on other narcotics-related offenders who are being investigated as a case of narcotics from the member police station, so that the police officer in charge can be given information about other narcotics-related offenders and receive punishment less than punishment after being recognized as an investigation merit,” and the Defendant consented to B “10 million won shall be resolved at the face of the week.”

In other words, in the name of police solicitation and work expenses related to the narcotics case B, three million won in cash was collected in the same place, and two million won was transferred to the Agricultural Cooperative Account (C) in the name of the defendant on the same day.

On May 12, 2015, the Defendant continued to contact B with B on May 12, 2015, and called “not necessary to undergo an investigation, to talk with police officers, to have been resolved, and to change the number of million won for the Kim used Kim,” and received KRW 10 million from B to the said Agricultural Cooperative Account under the same name.

As a result, the defendant received a total of KRW 15 million under the pretext of solicitation or good offices for a case handled by a public official.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect B by the prosecution;

1. Copy of each protocol concerning the examination of suspect B by the police; and

1. Application of replies related to the provision of financial transaction information;

1. Relevant Article of the Act concerning the facts constituting an offense and Article 111 (1) (including attorneys-at-law who choose a sentence) of the Act and the selection of imprisonment;

1. The reason for sentencing after the latter part of Article 116 of the Act (amended by Act No. 116) (amended by Act No. 116) (amended by Act No. 1) in the aggravated area (from June to one year and six months) (limited to a person subject to special mitigation (including deposit)) / Where there is a very poor number of criminal acts (amended by Act No. 1448, Jun. 1, 200). The Defendant had a criminal record on several occasions of narcotics, and the Defendant received KRW 15 million from B under the pretext that he/she will create an official investigation by using a beer, etc. he/she became aware of in the process.

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