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(영문) 수원지방법원 평택지원 2018.11.15 2018고단862
변호사법위반
Text

A defendant shall be punished by imprisonment for one year.

46,546,170 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

No person shall receive or promise to receive money, valuables, entertainment or other benefits under the pretext of solicitation or arrangement for cases or affairs handled by a public official.

The Defendant proposed that “E” in subparagraph CD is operated, and that “F may supply F’s products under a contract for purchase of LE lighting fixtures ordered by the G Viewing and G Si Facilities Management Corporation, etc.” to employees from around December 2013, 2013, and that “the certain ratio of F’s supply amount to F’s products should be paid as commission,” and that “the payment of F’s products should be made in various government-funded construction projects so that F’s products can be used.” The Defendant received business authority from F after obtaining business authority from G Viewing and G Si Facilities Management Corporation, etc., and, in return, received from April 15, 2014 to January 15, 2018 KRW 46,546,170,000 total amount of 93 times as indicated in the list of crimes, such as the list of crimes.

As a result, the defendant received money and valuables under the pretext of solicitation or mediation for the affairs handled by the public officials.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I, and J;

1. Copies of the protocol concerning the examination of suspect to the public prosecutor in K;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Copies of each prosecutor's statement made to the prosecution against H, I, L, and J;

1. Statement made by prosecution against M;

1. Each investigation report, each e-mail output, the defendant of the business consignment contract, and his defense counsel's assertion and judgment thereon

1. The defendant and his defense counsel asserted that the defendant only carried out his/her business activities to receive business fees pursuant to the "business entrustment contract" entered into with F, and that there is no money or goods provided as a request or intermediary to another person's business affairs handled by the public official.

2. In full view of the following facts and the circumstances indicated therein acknowledged by each of the above evidence, the Defendant.

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