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(영문) 대구지방법원 2020.01.16 2019고단1482
변호사법위반등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. No person who commits fraud or any violation of the Attorney-at-Law Act on March 2018 shall receive or promise to receive money, valuables, entertainment or other benefits under the pretext of solicitation or arrangement with respect to cases or affairs handled by a public official;

Nevertheless, on March 2018, the Defendant, in the Seocho-gu Dong-gu, Daegu Police Officer, stated that “If you give good testimony, the case will be resolved if you give good testimony. I would settle this case well. I would like to bring the case to the employees in charge of E Union loan. I would like to bring a complaint against the employees in charge of E Union loaning. I would have to provide a separate meal in relation to the case when the Daegu Commissioner of the Provincial Police Agency holds a meeting once every month of the Korean Citizen Police, but it is necessary to pay for meal expenses.”

However, as the defendant did not know to the Commissioner of the Daegu Provincial Police Agency even if he received money from the victim, he did not have the intent or ability to resolve the victim's criminal case.

Nevertheless, on March 2018, the Defendant, by deceiving the victim as above, received 50,000 won in cash from the victim on March 2, 2018, as a meal fee with the Superintendent of the Daegu Provincial Police Agency.

Accordingly, the defendant received money and valuables under the pretext of soliciting the case or affairs handled by the public official at the same time by deceiving the victim.

2. No person who commits fraud or any violation of the Attorney-at-Law Act on June 2018 shall receive or promise to receive money, valuables, entertainment or other benefits under the pretext of solicitation or arrangement with respect to cases or affairs handled by a public official;

Nevertheless, on June 18, 2018, the defendant sent the criminal case in which the victim D filed an E-Union employee with his/her certificate of personal seal impression forged to the Daegu District Prosecutors' Office, and then the victim was sentenced to the punishment of the sibling.

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