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(영문) 서울서부지방법원 2019.11.21 2019고단3143
변호사법위반등
Text

A defendant shall be punished by imprisonment for six months.

30 million won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

[criminal power] On April 24, 2014, the Defendant was sentenced to one year of imprisonment for the crime of uttering of forged securities and the crime of attempted fraud at the Seoul Central District Court, and completed the execution of the sentence on March 16, 2016.

【Criminal Facts】

On May 2018, the Defendant heard that C, who is the branch of B from B, was detained in the Seoul exists on the charge of fraud, and the Defendant was aware of the high-ranking prosecutorial executives, and thus, he was willing to receive money and valuables under the pretext of receiving money and valuables from the victim, receiving money and valuables from the public officials, and soliciting the affairs handled by the public officials at the same time as he/she could receive a prior action by soliciting or arranging the persons related to the prosecution who are in charge of the above case.

As the Defendant asked the victim D to have been released through B during the period from May 2018 to May 28, 2018, the Defendant made a false statement to B through mobile phone, stating, “A person inside and outside of the Republic of Korea is working for the Government, and is a political person. An attorney-at-law who knows is an attorney-at-law who is from the chief inspector, and talks with the prosecutor who is in charge of the chief inspector, may be suspended from indictment, so that the prosecution may be prepared for KRW 30 million.” In the event of the settlement cost of the instant case, the Defendant made it possible to take the Defendant’s preemptive action against C, such as making the suspension of indictment against C through street rain, etc.

However, in fact, the defendant did not have the intention or ability to request C to suspend indictment by soliciting the prosecutor in charge through an attorney-at-law from the senior prosecutor, and was thought to be used for the repayment of the defendant's obligation with the money received from the victim.

On May 29, 2018, the Defendant, through B, had B deliver the above false horses to the victim as they are, received KRW 30 million,00,000,000 from the victim, a total of KRW 10,000,000,00 won cashier’s checks around the south of Yongsan-gu Seoul Metropolitan Government.

Accordingly, the defendant deceivings the victim and 30 million won.

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