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(영문) 광주지방법원 2012.12.13 2012고단6162
변호사법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

31,000,000 won shall be additionally collected from the defendant.

The above additional charges are imposed on the defendant.

Reasons

Criminal facts

Around December 2011, the Defendant demanded D (re-appellants of the reappeal case against a decision to dismiss an application for auction of real estate rent (Supreme Court Decision 2011Ma2349) to the effect that “The chief Justice E in the foregoing case is well aware of F. F. F through F, to allow E to win the case by solicitation.”

1. Around December 18, 2011, the Defendant, at the G coffee shop in Jung-gu Seoul Special Metropolitan City, demanded that D “F and talk well-known. He will deliver gifts to F. He will change KRW 1 million, and received cash KRW 1 million from D for teaching purposes.”

2. On or around December 19, 2011, the Defendant called D and demanded D to pay money that “If she appears to be able to win the E Justice, she will take at least KRW 50 million in the cost of attorney-at-law at least KRW 30 million.” The Defendant was transferred KRW 30 million from D to H’s agricultural bank account under the pretext of teaching expenses.

3. Around January 2012, the Defendant made phone calls to D and promised to receive KRW 20 million from D to request D to provide money to “I are going to win. I are going to win. I are going to win well. I are going to ask for an additional amount of KRW 20 million.”

Accordingly, the defendant agreed to receive additional 20 million won under the pretext of solicitation or good offices for cases or affairs handled by public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

1. Relevant legal provisions concerning facts constituting an offense, the main sentence of Article 111(1) of the Attorney-at-Law Act (generally, and choice of imprisonment);

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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