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(영문) 서울동부지방법원 2017.02.02 2016고단1588
변호사법위반
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an attorney-at-law working in law firm B.

The Defendant, around 12:00 on July 23, 2015, at the “Law Firm B” office of the 8th floor of the Seoul Jung-gu Seoul Central Office of Public Prosecutor’s Office of Seoul High Public Prosecutor’s Office (2015) and D, the appellant of the appeal case (Seoul High Public Prosecutor’s Office) No. 7121, the Defendant stated that it is between the public prosecutor in charge of the instant appeal and the high school’s vessel and the subsequent vessel, and the Defendant would be able to make the horses entering

In order to process the work, it is necessary to notify the general public.

It is possible to report only face while conducting personnel affairs.

There is no first entry, and a large one head is needed.

“In addition, I received KRW 10 million from D to the account (F) of an enterprise bank in the name of E under the pretext of the same day teaching expense.

As a result, the Defendant received money and valuables under the pretext of interfering with the prosecutor.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Some of the records concerning the examination of the suspect (including the substitution of the suspect) to the defendant;

1. Statement made by each prosecution with respect to D and G;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made to D or G;

1. Agreement, details of passbooks, each letter transfer statement, statement of account transfer, notice of disposition of an appeal case, statement of reasons for appeal, statement of account transfer transaction, statement of account transfer transaction by account, each investigation report (No. 10, 24, and 25 on a net basis), written designation of an attorney in charge, statement of appointment of an attorney-at-law in charge, and claim and judgment of the defendant by proxy of the defendant

1. The alleged defendant's 10 million won received from D is merely a fee for the appeal case, not a fee for the prosecutor's teaching expenses.

2. Determination: The rejection of the above assertion on the following grounds;

A. The Defendant received the above KRW 10 million from the borrowed name account in the name of E, not the corporate name, and at the time, did not prepare an agreement on the appointment of D and attorney.

Therefore, it is difficult to view the above KRW 10 million as a lawyer fee in a normal form.

B. In a case where the Defendant was paid KRW 10 million with the attorney fees according to the Defendant’s assertion, it is related to the case of appeal.

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