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(영문) 서울중앙지방법원 2015.06.19 2014고합1340
변호사법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 30, 2014, the Defendant was sentenced to a suspended sentence of 4 months for the crime of assault or bodily injury in the Incheon District Court Branch of the Incheon District Court, and the judgment became final and conclusive on October 8 of the same year.

On August 2012, the Defendant made a false statement to the victim F, who was under police investigation due to suspicion of embezzlement, etc., at E coffee shop near Guro-gu Seoul Metropolitan Government, that “The police officer in charge and the prosecution in charge may be exempted from detention where the protocol should be prepared directly to the favorable extent. I would like to prepare money necessary therefor.”

However, the defendant did not have the intention or ability to resolve the above criminal case in favor of the victim in response to the solicitation of the police officer or prosecutor in charge.

Around September 17, 2012, the Defendant, by deceiving the victim, received KRW 3 million from the victim, to the Defendant’s bank account on or around September 17, 2012, and received KRW 4 million in total from the same account on or around October 4 of the same year.

Accordingly, the defendant, by deceiving the victim and receiving property from the victim, received money and valuables under the pretext of solicitation about the affairs handled by the public officials at the same time.

Summary of Evidence

Criminal facts

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness F and G;

1. Examination of the accused prepared by the prosecutor;

1. Each protocol of examination of the accused prepared by prosecution investigators;

1. Statement of statement concerning F prepared by prosecution investigators;

1. A president of the F;

1. Before a criminal investigation report (verification of details of payment of attorney fees), copy of passbook, case inquiry and copy of judgment, detailed statement of deposit transactions in SC Bank, and previous records of judgment of each new bank: Application of Acts and subordinate statutes on criminal investigation reports (report on attachment of written judgment);

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (including fraud, inclusive) and Article 111(1) of the Attorney-at-Law Act (including the point of receiving money and valuables under the pretext of solicitation);

1. Articles 40 and 50 of the Criminal Code of Trade and Trade shall be added.

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