logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2014.11.14 2014고단576
변호사법위반
Text

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

67,700,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On May 2013, the Defendant received the request from the president of the G Co., Ltd., which is a producing company of the progress-based industry, to help the G Co., Ltd to receive the “I Project Promotion Construction Works” scheduled to place an order in the Gwangju City by a private contract.

When the Defendant was in office as the J Project Director of Gwangju City and became aware of the fact that K retired from office on November 2012 was performing the design service of the said construction, the Defendant demanded K to the effect that K would exercise influence over the public officials in charge of ordering the construction of Gwangju City through K, and that H would request H to accept the said construction contract under a negotiated contract, at the request of the public officials in charge of ordering the construction of Gwangju City, and that H would pay 18% of the amount calculated by deducting value-added tax from the construction cost.

Accordingly, the defendant requested K to the public official in charge of the construction order of Gwangju City for the purpose of helping K to adopt the progress in the construction plan. At that time, K had conducted design services to establish the progress in the construction plan of the said project in consultation with the above public official. On February 27, 2014, Gwangju City ordered the construction contract for the said progress-building construction work to the private company in charge of the construction order of Gwangju City, with the construction cost of KRW 475 million.

Around March 27, 2014, the Defendant received 67,770,000 won from H in the G Office for the settlement of accounts for the completion of the construction works as above.

Accordingly, the defendant received 67,770,000 won under the pretext of solicitation or good offices for the affairs handled by public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. First prosecutor's protocol of interrogation of H:

1. Third prosecutor's protocol of interrogation of H:

1. Each prosecutor's statement of N,O, P, Q, and R;

1. A copy of a goods contract;

1. A copy of the daily financial report, disbursement resolution, and slips;

1. A copy of a statement of settlement of operating expenses;

1. Application of the Acts and subordinate statutes requesting a fact-finding inquiry to the National Health Insurance Corporation;

arrow