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(영문) 서울중앙지방법원 2014.12.18 2014고합1249
변호사법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

No person shall receive or promise to receive money, valuables or other benefits under the pretext of solicitation or mediation with respect to cases or affairs handled by public officials.

Nevertheless, the Defendant heard from D, “The Seoul High Court sentenced 10 years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court on January 13, 2005, and want to be released by E in the Yeongdeungpo-gu prison as the suspension of the execution of punishment, but the F is considered to have a day E, and tried to receive money and valuables from the F for solicitation of correctional public officials while expressing F’s friendship with H at the time.

Accordingly, around August 26, 2008, the Defendant promised to “J restaurant” located in Yeongdeungpo-gu Seoul Metropolitan Government I, and “F have friendship with H, and there is no way to be known on the correctional side if H go through H. He will assist correction officials, including H, to release E from the suspension of execution of sentence. He would be able to make a special interview of E in the Yeongdeungpo-gu prison. He would be able to provide various convenience, such as allowing the outpatient hospital to receive medical treatment, and allowing the outpatient hospital to receive medical treatment.”

After that, the Defendant demanded F through D to “F to pay for correction public officials KRW 20 million at the expense of correction public officials,” and F accepted this.

Thus, the Defendant received from F to F through D on August 27, 2008, the sum of KRW 10 million, KRW 5 million on September 18, 2008, KRW 5 million on or around September 29, 2008, KRW 1 million on or around October 14, 2008, KRW 21.8 million on or around October 15, 2008, and KRW 8 million on or around October 15, 2008, from F to a national bank account in the name of the Defendant.

As a result, the defendant received a total of KRW 21.8 million on five occasions under the pretext of solicitation or good offices for the affairs handled by G who is a public official.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of F. F. The statement

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