2014 Highest 3627 Violation of the Attorney-at-Law Act

1. Hyo;

2. Leisure;

Park Jong-ho (Institution of Prosecution), Lee In-bok (Public Trial)

Attorneys Yang ○-○ (private ships for Defendant 1’s heart ○○)

Attorney So-young, (private ships for Defendant So-young)

February 12, 2015

Defendant 1 and six months of imprisonment, and Defendant 2 and Defendant 3, respectively, shall be punished by imprisonment for one year.

However, the execution of each of the above punishments shall be suspended for two years from the date this judgment became final and conclusive.

The sum of KRW 66,00,000 from Defendant 1, and KRW 15,00,000 from Defendant 1, and KRW 15,00 from Defendant 1,00, shall be additionally collected.

Criminal facts

On March 2008, Defendant 1, 2008, ○○○○ Election Countermeasures Committee’s Secretary-General was working for the 17th presidential election, and Defendant 1 had been well aware of the Seoul Yangyang City’s urban planning and employees by operating a construction company called OO○ corporation in the Namyang city.

1. Defendant 1:

On March 12, 2008, the Defendant received a request from ○○○○ coffee store located in Seocho-gu Seoul, Seoul, to allow public officials to receive orders from ○○○○○○○○, a company operating the victim’s business, in order for public officials to receive orders from ○○, a company operating the city publicity center in Southyang-ju, which ordered public officials from ○○○.

The Defendant, as ○○○○ candidate well knows the South-North Jeju City, would be able to receive construction by requesting the Mayor of Namyang City through the ○○○ candidate, and received 5,000,000 won from the victim from the victim to the account of ○ Bank (091 - 00 - 00 - 6) in the name of the Defendant under the pretext of the teaching expense, from August 18, 2008, from that time, he received 51,000,000 won in total from August 18, 2008, as shown in the list of crimes in the attached Table, from that time, was remitted to the said foreign exchange bank account.

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

2. Defendant 1, Defendant 1, and Defendant 1

(a) Acceptance of KRW 5,00,000 on June 12, 2008;

On June 10, 2008, the Defendants received the aforementioned request from ○○○ cafeteria located in Gangnam-gu Seoul to the effect that the Defendants were ○○ cafeteria.

Defendant do not know the urban planning and the head of the division in charge of the victim as well as the head of the division Kim ○○○, so that it would be possible for the victim to easily speak to the head of Kim ○○○○○, and Defendant 1: (a) Defendant 2, 2008, sent KRW 5,000,000 from the victim to the above foreign exchange bank account under the pretext of its teaching expenses.

As a result, the Defendants received money and valuables under the pretext of soliciting the cases handled by public officials.

(b) Acceptance of KRW 5,00,000 on July 4, 2008;

On July 4, 2008, the Defendants received a written request from the victim Jeong-○ to the aforementioned purport at a restaurant.

The Defendants would be able to have the director-general of Leeyang-ju, the director-general of Leeyang-ju, and the director-general of Kim Il-○○○○, and the Defendants would have been able to receive construction by speaking well, and they would have changed expenses because they wanted to do so. The Defendants received from the victims the money of KRW 5,00,000 from the said foreign exchange bank account in terms of their teaching expenses.

As a result, the Defendants received money and valuables under the pretext of soliciting the cases handled by public officials.

(c) Acceptance of 20,00,000 won on July 22, 2008

On July 22, 2008, the Defendants received a request to the above purport from ○○ hotel coffee store located in Gwangjin-gu Seoul Special Metropolitan City.

At the same time, the Defendants decided to set up 21 preliminary life group of examiners on the same spot as the two-one preliminary life group of examiners was set up at the same spot. To ensure that the Defendants are well progress, the employees in charge, the chief of the department, the head of the department, the head of Kim○, the head of the division, and the head of the ○○○○ Bureau shall have the leave cost of KRW 20,000,000. On that day, the Defendants were transferred from the victim to the said foreign exchange bank account under the pretext of the leave cost of Lee○○○, etc.

As a result, the Defendants received money and valuables under the pretext of soliciting the cases handled by public officials.

Summary of Evidence

1. Defendants’ respective legal statements

1. The Defendants’ written statements and records of each prosecutor’s interrogation protocol as to each of the Defendants’ partial statements, ○○, and ○○○.

1. Each prosecutor’s protocol on the maximum ○○, ○○, Jin○, Ma○, Ma○○, Kim○, and Gab○○;

1. Complaint;

Application of Statutes

1. Article applicable to criminal facts;

Article 111 of the former Attorney-at-Law Act (amended by Act No. 8991 of March 28, 2008) and Article 30 of the Criminal Act (limited to the crimes of Article 2 of the Decision)

1. Selection of punishment;

Imprisonment, respectively;

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62 (1) of the Criminal Act (General Considerations such as Details of the crime, relationship with the victim, age and character and conduct of the defendants)

1. Additional collection:

Each of the attorneys-at-law Act (amended by Act No. 8991 of March 28, 2008) shall be decided as per Disposition on the grounds of Article 116 or more of the former Attorney-at-law Act.

Judges Seo-ju