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(영문) 청주지방법원 2015.12.18 2015고단543
변호사법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case is an official in charge of D, etc. from the Ministry of Strategy and Finance, and from April 2003 to January 2005, the Minister of Planning and Budget’s budget compilation work was taken charge of the Institute’s budget compilation work. A.

On September 29, 2013, the Defendant was issued a shopping white paper containing KRW 10 million in cash on the street of a coffee shop, on September 29, 2013, upon the Defendant’s request that “The Defendant would be able to undergo re-inspection or control the gas stations controlled by fake petroleum sales” from G and H, and received a delivery of the shopping white paper containing KRW 10 million in cash on the street of a coffee shop.

B. Around October 4, 2013, the Defendant received KRW 5 million from G to a new bank account in the name of the Defendant at the former Agricultural Co., Ltd. located in 175, Young-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, with a view to receiving such solicitation.

C. At around 19:00 on November 11, 2013, the Defendant requested H to accept money and valuables on the pretext of accepting the above solicitation from the J restaurant located in Gangnam-gu Seoul Metropolitan Government, “The cost of attorney-at-law is required to be detained, and the cost of attorney-at-law is required to be changed to KRW 30 million due to detention,” and received cash of KRW 10 million from that place, and received money and valuables from public officials.

Accordingly, the defendant received money and valuables under the pretext of soliciting the cases handled by public officials.

2. Determination

A. A. A defense counsel does not receive such solicitation or receive money in relation to the facts stated in paragraph (1)(A), and the other party to the solicitation did not receive money in relation to the facts stated in paragraph (2)(b). However, this is not a personal monetary transaction with G and money that is irrelevant to H, which is not a pretext of solicitation or mediation, but a third party borrows the attorney’s fee for the facts stated in paragraph (1)(c) and was immediately repaid, and the solicitation stated in the facts charged.

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