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(영문) 서울남부지방법원 2016.07.01 2016고합142
변호사법위반
Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for one year.

However, as to Defendant C, the same shall apply.

Reasons

Punishment of the crime

1. No defendant B or A shall receive or promise to receive money and valuables, etc. under the pretext of solicitation or arrangement with respect to cases or affairs handled by public officials;

Nevertheless, the Defendants received a tax investigation at the Samsung tax office, which is an employee of the Korea Tympis Co., Ltd., Ltd., which Defendant B had been aware of during the course of the investigation on June 2013, the Defendants: (a) provided convenience to N in the process of the investigation through the relevant tax office through the relevant tax office; and (b) provided the Defendant A with KRW 10 million, KRW 3 million, and KRW 3 million in cash three times among June 2013; and (c) Defendant B received KRW 50 million from June 2013 to June 15, 2013, and KRW 350 million from July 15, 2013, respectively.

As a result, the Defendants received a total of KRW 416 million under the pretext of solicitation or good offices with respect to the tax investigation, which is a public official, in collusion.

2. No person who accused C shall receive or promise to receive money and valuables, etc. under the pretext of solicitation or arrangement with respect to cases or affairs handled by public officials;

Nevertheless, around June 2013, the Defendant received a request from the said Party A to conduct a tax investigation, etc. on the said N in the Samsung Tax Office’s progress at the P office located in the fiveth floor of the Defendant’s O building in Yeongdeungpo-gu Seoul, Seoul, upon receipt of a request from the said Party A, the Defendant received payment in cash, respectively, of KRW 50 million from June 15, 2013, under the pretext that the said Party A and B provided convenience in the process of the said tax investigation and reduced the scope of the investigation or made the results thereof through high-ranking executives of the former Tax Office.

As a result, the defendant received a total of KRW 100 million in the name of solicitation or good offices with respect to the tax investigation which is a public official.

Summary of Evidence

1. Defendants’ respective legal statements 1.

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