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(영문) 서울중앙지방법원 2014.09.04 2014고합805
변호사법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On March 30, 2013, the Defendant received KRW 300,000,00 from E, from April 30, 2014, the sum of KRW 39,000,000 per month, starting from that time as indicated in the list of crimes in the attached Table, through a police officer who operates a sexual traffic business establishment in Gangnam-gu, Seoul, via a mutually-friendly police officer who is close to D, “D”, upon the request of the Defendant, and consented to the “related work”, such as the provision of control information on sexual traffic business establishments and the control duty, etc., at the Gangnam-gu, Seoul.

As a result, the Defendant received KRW 39 million on the pretext of solicitation for affairs handled by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of examination of suspect to prosecution E;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of related books);

1. Article 111(1) of the Attorney-at-Law Act applicable to the facts constituting an offense and Article 111(1) of the Act on the Selection of Punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under the latter part of Article 116 of the Attorney-at-Law Act;

1. Application of the sentencing criteria [Scope of Recommendation] Solicitation and good offices, and provision of money and valuables under the pretext of solicitation and good offices (type 2 (type 30 million won to below 50 million won) [6 months to 1 year], the mitigated area (type 6 months to 50 million won), the return of money and valuables and other benefits [the general sentencing factors] [the return of factors of mitigation], or the act of solicitation and good offices after committing an offense, evidence shall be found to have been discarded or concealed [the criteria for suspended sentence] social relation clear in relation to the return of money and valuables or other benefits (the reason for self-esteem and good offices)

2. The Defendant was given a lot of money worth KRW 39 million in total upon the request of a police officer to provide enforcement information and control accom, etc. through E, which operates a sexual traffic business establishment.

The defendant shall facilitate the illegal business of E by taking advantage of the friendship with police officers.

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