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(영문) 의정부지방법원 고양지원 2014.11.07 2014고단1293
변호사법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 2012, the Defendant was asked for a victim E who was investigated by the Gwangju District Prosecutors’ Office due to a violation of the Wastes Control Act by the victim E who was investigated by the Gwangju District Prosecutors’ Office due to the violation of the Wastes Control Act to “a person who, having known of the violation, requests a smooth resolution of the case.”

Therefore, without knowing the person who may have influence on the above investigation case, the Defendant received money from the victim without having been aware of the fact, and demanded the victim to pay money by taking advantage of the victim’s old hearing, and demand that the victim “it would bring the case to be closed well through the person who knows in his house, so 5 million won is changed.”

After June 2012, the Defendant stated that “The Defendant did not use the amount for the victim’s instant horse or solicitation, five million won or more for the solicitation.” The Defendant received 2.5 million won or more from the victim to the national bank account in the name of the Defendant on June 25, 2012, as the expense around 13:02, the Defendant was transferred from the victim to the national bank account in the name of the Defendant, and received 2.5 million won or more from the victim in cash from the G office located in Guro-gu Seoul Metropolitan Government F around June 2012.

Accordingly, the Defendant received money and valuables under the pretext of soliciting or arranging the investigative cases handled by prosecution officials by deceiving victims E.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the substitution with E and H);

1. Application of Acts and subordinate statutes on deposit certificates;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense, Article 111 (1) of the Attorney-at-Law Act (a point of receipt of money and valuables under the name of trust);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for more severe fraud);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Article 116 of the Attorney-at-Law Act;

1. The defendant's crime for sentencing of Article 334 (1) of the Criminal Procedure Act is the case of provisional payment order.

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