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(영문) 수원지방법원 평택지원 2018.08.24 2018고단458
변호사법위반
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall receive or promise to receive money, valuables, entertainment or other benefits under the pretext of solicitation or arrangement for cases or affairs handled by a public official.

The Defendant, as the representative director of Cheongju-si Co., Ltd. (hereinafter referred to as “C”), proposed that “D’s products may be used at the government-funded construction work ordered by the F Office of Education or its affiliated support agency,” made it possible to deliver D’s indoor lighting, etc. after obtaining business authority from D, and received KRW 1,076,00 from C’s G bank account (Account Number H) around January 15, 2016, and received KRW 1,076,000 in total from January 26, 2015 to July 28, 2015, as indicated in the attached Table of Crimes, from January 26, 2015 to July 26, 2015.”

As a result, the defendant received money and valuables under the pretext of solicitation or mediation for the affairs handled by the public officials.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of a suspect by the prosecution against the defendant, I, and J;

1. Statement made by each prosecutor of the prosecution against K and E;

1. Police seizure records and list of seizure;

1. A criminal investigation report (verification of details of payment of CC fees);

1. A criminal investigation report (Attachment to documents related to the payment of the C Fees);

1. Investigation report (verification as to whether the project is a government-funded project of the F Office of Education);

1. A report on investigation (verification of goods contract information);

1. An investigation report (attached to the C transfer agreement);

1. A criminal investigation report (attached to all documents related to the payment of fees toC);

1. Application of Acts and subordinate statutes on payment of fees;

1. Each subparagraph of Article 111 (1) of the relevant Act on criminal facts;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Social service order under the Criminal Act;

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