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(영문) 서울중앙지방법원 2019.03.26 2018고단7281
변호사법위반
Text

A defendant shall be punished by imprisonment for six months.

2 million won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Criminal facts

On November 26, 2015, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on April 16, 2016, and completed the execution of the sentence on April 16, 2016, and on August 21, 2018, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Act on the Control of Narcotics, etc. at the Seoul Central District Court on August 21, 2018 and the said judgment became final and conclusive

The defendant knew that he was tried as a person who has a number of narcotics department B, and was well aware of the investigator of the prosecutor's office as he knew of the fact that he was tried as a narcotics case B, and thus he thought that he received money and valuables under the pretext

On July 2017, the Defendant was indicted for the violation of the Act on the Control of Narcotics, Etc. (fence) in the Seoul Eastern Detention House, which was located in Songpa-gu Seoul, the definition of Songpa-gu Seoul, and asked B to the effect that “I would have to reduce the sentence of imprisonment and reduce the sentence of imprisonment through a person who is the child of the Seoul Northern District Prosecutors’ Office,” the Defendant told B to the effect that “I would have to reduce the sentence of imprisonment and reduce the sentence of imprisonment through a person who is the child of the Seoul Northern District Prosecutors’ Office.”

After September 5, 2017, the Defendant received KRW 2 million from B to a national bank account in the name of the Defendant or C (Account Number: D).

Accordingly, the defendant received money and valuables from 200,000 won under the pretext of solicitation or good offices for cases or affairs handled by public officials.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Category C account transactions;

1. A record of inquiries about the current status of meetings of prisoners and conversations;

1. Investigation report (the confirmation of a case pending against the complainant on or around September 2017);

1. Cumulative criminal records: Application of criminal records and applicable Acts and subordinate statutes of each judgment;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act for the treatment of concurrent crimes;

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