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(영문) 창원지방법원 2013.12.05 2013노394
변호사법위반등
Text

All judgment of the court below shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor of two years and four months, and by imprisonment with prison labor of six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts (A) the part of the violation of the Attorney-at-Law Act related to E in relation to the fraud of E and the violation of the Attorney-at-Law Act, the said Defendant was aware of the attorney-at-law for the release of E in relation to the case of violation of the Attorney-at-law Act, and was paid money under the pretext of expenses by E and E for the agreement with AC and D, the victim of the said case, F, and G

Even if E, F, and G granted money to the above defendant under the pretext of solicitation or good offices to the senior executives of the court in connection with the criminal case of E, the above defendant was considered to return money that he received in connection with the innovative City Corporation, and there was no awareness that the above defendant was receiving money under the pretext of solicitation or good offices from E, F, and G. Thus, the above defendant did not have any intention of violation of the Attorney-at-Law Act.

Nevertheless, the court below found the above defendant guilty on the grounds of the statements of E, F, and G without credibility. Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

(B) As to the crime in the case No. 2015-Ba2053 of the judgment of the court below of first instance against S, the Defendant did not receive KRW 500,000 and KRW 3 million from the victim S on May 24, 2011, and August 17, 2011, as to the crime in the crime No. 2015-Ba2053 of the crime sight list of the case No. 2053 of the judgment of the court below, the Defendant was guilty of this part of the charges against the above Defendant on the grounds of the victim S’s statement without credibility, etc., and the judgment of the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

(C) In relation to the AG-related fraud and the construction of a new factory of L, the above Defendant has several business funds from the victim AG.

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