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(영문) 인천지방법원 2018.10.04 2018고합202
변호사법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On March 2013, the Defendant received KRW 5,00,000 from C to the Defendant’s bank account account (Account Number G) around March 20, 2013, in return for the request from C to the effect that “the internal investigation of the Seoul Guro Police Station and the investigation of the E-Ga Park site located at the D Team, would cause to cover the internal investigation of the E-Ga Police Station,” while serving as a police officer belonging to B, and in return, the Defendant received KRW 5,00,000 from C to the Defendant’s bank account (Account Number G).

4. Around 30.30: (a) received a remittance from C to the foregoing account; and (b) received a hand-time transfer of KRW 9 million from the market value, following the hand-detion of an amount equivalent to KRW 1 million in the market value.

As a result, the defendant received money equivalent to KRW 15 million in total on three occasions under the pretext of soliciting or arranging a case handled by a public official.

2. The recognition of facts constituting a crime in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent to have the aforementioned convictions, even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). It is recognized that the defendant received a total of KRW 14 million from the defendant as stated in the facts charged, but in full view of the following circumstances revealed in the records and the trial process of this case based on the above legal principles, it is difficult to believe that the C’s statement that “the defendant provided money and valuables with the defendant upon his request as stated in the facts charged,” and there is no other evidence to acknowledge it even if there is insufficient evidence to acknowledge it in addition to the remaining related parties, H, I’s statement, or monetary transactions between the defendant and C.

(a)a solicitation;

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