(영문) 대구지방법원 경주지원 2016.06.23 2015고단528

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자간(%)

(영문) 대구지방법원 경주지원 2016.06.23 2015고단528

변호사법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

70,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. On April 15, 2013, the Defendant, in violation of the legal doctrine, must first compensate the viewing public officials for the damages to the viewing public officials before applying for authorization prior to applying for authorization.

The cost of civil and architectural design refers to the cost of KRW 10 million to be paid to viewing public officials at the time of the determination of the design office at the time of the determination of the design office, and the amount of KRW 10 million to be paid to viewing public officials first, and the cost of cash was paid from E on the same day.

In addition, the Defendant received a solicitation from the above to January 6, 2014 as to the cases handled by public officials on a total of 70 million won, such as the list of crimes in the attached Table, on five occasions.

2. On January 6, 2014, at the place indicated in the preceding paragraph, the Defendant told the victim E to the effect that “The Defendant, at the time of racing, obtained permission for reclamation for new construction of a new house on G land, 10 million won.”

However, in fact, the Defendant did not have the intent or ability to obtain permission for clearing from the victim because he thought that the Defendant would use the money received from the injured party as the construction cost in various construction sites executed by the Defendant, including the gate construction site.

As such, the Defendant, by deceiving the victim, was remitted 50 million won as a starting fee from the damaged party to that position.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of the witness E, H and I in the second public trial records;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each prosecutor's statement protocol concerning E and I;

1. Each police statement made to E, H and I;

1. A H statement;

1. A complaint, copy of passbook, and deposit certificate of passbook, copy of contract for construction works, copy of contract for construction works, copy of transaction confirmation document, copy of development plan contract, copy of deposit certificate of passbook without passbook, transcript of each recording, copy of written response, each recording, copy of written request for withdrawal, and check; and

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