2015 Highest 1477 Violation of the Attorney-at-Law

1. A;

2 B

3. C public corporation:

Lee Young-Nam (Court Prosecution) (Court of Justice), Park Jong-nam (Court of Justice)

Attorney Kang Han-young (National Election for all of the Defendants)

July 22, 2015

Defendants shall be punished by imprisonment with prison labor for not more than four months.

However, from the date this judgment becomes final and conclusive, for two years, for B, and for C C, 1

For a year, the execution of each sentence above shall be suspended.

2 million won from Defendant B, and 3 million won from Defendant C, respectively, shall be collected from Defendant B.

Facts of crime

Periodical Offense Power

On June 25, 1990, Defendant B was sentenced to a suspended sentence of two years for the violation of the Attorney-at-Law Act at the Daejeon District Court on June 25, 1990. Defendant C is a person who was sentenced to eight months imprisonment with prison labor at the Daejeon District Court on November 21, 2012 and the said judgment became final and conclusive on November 23, 2012.

i. Doe Crime

Defendant B and C, on September 2012, 201, after receiving the request from the victim A to reduce the amount equivalent to 200 million won of the capital gains tax imposed on the real estate, such as the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-dong***, from March 2008, the defendant A who was working as the director of Daejeon-gu headquarters, requested the resolution of the above problems, and the above Party A consented to this.

Defendant A sent a total of KRW 20 million to the staff of the tax office, KRW 5 million, including KRW 5 million to B, and KRW 5 million to B, and KRW 5 million from the first place of commencement of the tax office, KRW 5 million to B, and the end of the tax office in Seo-gu, Daejeon. Defendant A sent a total of KRW 20 million to B, including KRW 5 million, KRW 5 million, and KRW 5 million to B, the first place of the tax office, and the second place of the tax office in Seo-gu, Daejeon, at KRW 200,000,000, KRW 2000,000,000 to B, and KRW 405,000,000,000 in the first place of the tax office in Daejeon, KRW 25,000,000 in the second place of the tax office in September 12, 201.

Accordingly, around September 12, 2012, the above A remitted 5 million won to the credit union in the name of the defendant B to the head of Tong in the name of the defendant B. On the same day, the defendant B transferred the above money to the head of Tong in the name of C.C., and on September 13, 2012, the defendant C transferred 2 million won out of the above money to the head of Tong in the name of the defendant A.

As a result, the Defendants received or promised money and valuables under the pretext of soliciting or arranging the cases or affairs handled by public officials in collusion.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol of examination of suspect by each prosecutor of the prosecution against A, C, who is the defendant,

1. Statement A to the prosecution or the police statement of the host country A;

1. A copy of the deposit trading statement, and a certificate of contents;

1. Statement of deposit transactions;

1. Investigation report (A shall attach a written application for grievance submitted by the Director General of the astronomical Tax Office);

1. Previous convictions: Criminal records and related case rulings (201No2832);

Application of Statutes

1. Relevant Articles of criminal facts;

Defendants: Article 111(1) of the Attorney-at-Law Act; Article 30 of the Criminal Act; each choice of imprisonment

1. Concurrent disposition: Defendant’s assistive equipment;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Suspension of execution: Defendants

Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 2, 2006))

1. Collection: Defendant B, C, and C,

Article 116 of the Attorney-at-Law Act [The money and valuables actually distributed shall be collected individually, but in the case of Defendant C, the money and valuables received shall be consumed once again and the money and valuables corresponding thereto shall be returned, which shall be collected additionally]

Judges Dominsung