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(영문) 대전지방법원 홍성지원 2016.11.01 2016고단244
변호사법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

61,888,00 won shall be additionally collected from the defendant.

Of the facts charged in the instant case.

Reasons

The crime history room (2016 highest 244) the Defendant was in office as the head of the Korea Rural Community Corporation, and retired from the Korea Rural Community Corporation on December 31, 2007. F is a person who was in office as the representative director of the Korea Rural Community Corporation from January 1, 201 to December 31, 2012 and was in general in charge of the selection of companies with regard to the construction works ordered by the above G branch, conclusion of contracts, purchase of goods, etc., and H is a person who is in office as the representative director of the I, the former production company.

From the end of October 2012 to the beginning of November 201 of the same year, the Defendant offered that, at the (i) I’s office located in the (ii) office located in the Sincheon-gu JJ in the Sincheon-gu, Y, the Defendant offered that, upon request from F, 20% of the construction cost (i.e., value-added tax) to F so that I would be ordered to order L works scheduled to be ordered by the Korea Rural Community Corporation branch office, and (ii) the said H accepted the said proposal.

On November 2012, the Defendant solicited F to receive the said construction from the said F through a free contract. The said G branch ordered the said construction work to KRW 357,900,000 on December 7, 2012, the Defendant received KRW 61,88,000,00 in total from the said H to the NA’s post office account in the name of M (N) and the O (P) account in the name of the Defendant’s branch on December 20, 2012 in return for mediating the said construction work.

As a result, the defendant received 61,88,000 won in total under the pretext of making requests or arranging for the affairs of officers and employees of the Korea Rural Community Corporation who are deemed public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of the witness H and Q;

1. Each prosecutor's interrogation protocol concerning F;

1. Each investigation report (No. 73, 85, 89, 115 No. 115);

1. Application of Acts and subordinate statutes, such as the details of account transactions, certificate of transfer, copy of pocket book, and statement of money withdrawal;

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

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