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(영문) 대전지방법원 홍성지원 2015.04.03 2014고단563 (1)
변호사법위반
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

70,000,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

The defendant was appointed as a local public official on June 10, 1985, and was discharged from office on September 16, 2004. Since October 19, 2004, he worked as the representative director of (oil)D from October 19, 2004. E was a person who received contracts for construction work for the new administrator of a bank for the settlement of accounts.

Around January 2013, the Defendant accepted the proposal that “The Defendant would pay 15% of the construction cost to the public officials in charge of the project to place an order for the installation of a “G district drainage pumps” in the Si of Jung-gu, Jung-gu, Seoul, in response to the public officials in charge of the project to place an order for the construction of a “G district drainage pumps” in the Gu, Jung-gu, Seoul, with the intention of allowing the New Airport Co., Ltd. to receive the said construction by contract.”

Accordingly, around that time, the Defendant solicited the public officials in charge of ordering construction works in Jung-Eup-si to accept the contract by a private contract, and on February 26, 2013, he ordered the construction project to the new administrator in charge of the construction project by a private contract in the amount of KRW 542,30,000.

In addition, on March 2013, the Defendant received KRW 70 million from E in return for mediating the above construction contracts in the vicinity of the Automatic Pungwon apartment house, the Defendant: (a) on March 2013, 201.

As a result, the defendant received money and valuables of KRW 70 million under the pretext of solicitation or good offices for the affairs handled by public officials.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Each prosecutor's interrogation protocol concerning E and H;

1. Application of Acts and subordinate statutes, such as the improvement and recovery of G districts-production contract for goods, the daily report on March 11, 2013, the disbursement resolution, and the details of entry transactions;

1. Article 111 (1) of the Attorney-at-Law Act concerning facts constituting an offense;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of recommending punishment] The basic area (one to two years and six months) of receiving money and valuables under the pretext of solicitation and good offices (at least 50 million won, and less than 100 million won) is nonexistent.

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