2014 Highest 4317 Violation of the Attorney-at-Law Act, defamation, intimidation

Kim XX (63 - 1) and video sound system sales business

Seoul residential Dongdaemun-gu

Absents (prosecutions) and the last public trial (public trial)

Attorney △△△△ (General)

August 11, 2015

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

2,50,000 won shall be additionally collected from the defendant.

Criminal facts

1. Violation of the Attorney-at-Law Act;

A. On May 3, 2011, the Defendant heard at the Lonebucks coffee shop located in front of the Seoul Central District Court in Seocho-gu Seoul Metropolitan City, Seocho-gu, Seoul, that he was subject to intimidation and assault from the creditor Gabbbbucks and asked the prosecution investigators and police officers to resolve the case.

On June 24, 2011, the Defendant: (a) around 11-9, at the Magdong, Mapo-gu, Seoul, Magdong, 11-9, and (b) at the Magdong office of Magyang-gu, the prosecution investigators belonging to the Magyang-gu, who agreed to provide 2 million won as a bridge at the Gabol’s expense in order to resolve the instant case; and (c) received money from the victim, respectively.

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

B. On July 7, 2011, the Defendant prepared for KRW 1 million as meals, since he/she had the said victim go to the instant case while eating with the police who are well aware of inside and outside of the Republic of Korea, at the above (ju) office of the Materna, the Defendant prepared for the said victim as a school guard. The Defendant received KRW 1 million from the victim as a school guard.

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

C. On November 201, 201, the Defendant ceased to have caused not only criminal charges but also civil lawsuits against Park Jong-young. The attorney fees for civil litigations began from 30 million won, and there is a kind of attorney-at-law. The litigation costs are to be treated as money to be received by the party. On December 29, 2012, the Defendant’s joint and several liability amount was reduced to 60 million won in total by adding the amount of the victim’s joint and several liability amount to 30 million won. The attorney fees for civil litigations began to have been reduced to 200 million won in favor of the victim, and the attorney fees for civil litigations were to have been transferred to 200 million won in favor of the victim. The defendant’s success in the lawsuit was to have been transferred to 30 million won in favor of the victim.

The defendant, not a lawyer, promised to receive money and valuables, and mediated civil litigation representation for a specific lawyer in connection with the case.

2. Defamation;

A. On March 5, 2012: (a) around 00: the Defendant: (a) provided documents stating that the victim embezzled the funds of the ○○○○○○○○○○○○○○○○○○○○ (State), a standing director of the ○○○ Foundation A and the management support team B; and (b) provided that the victim embezzled the funds of the ○○○○ Media Art Art, the victim did not remain at the (State) level on the side of the ○○ Media Art Art Art Art Foundation to make up for the interim settlement of the business accounts and retirement allowances of the dispatched employees. The Defendant publicly stated false facts to the effect that “the victim is liable for gambling debts to the ○○○○○○○○○○.”

B. On March 6, 2012, at around 00: (a) the Defendant did not embezzled the funds of ○○ Cultural Foundation C, executive directors A, and management support team B; (b) “the victim emblings the funds of ○○○○ Foundation C, executive directors A, and management support team B; and (c) did not remain any money to make the interim settlement of the business settlement and the retirement allowances of dispatched employees on the side of the ○○ Cultural Foundation at the ○○○○○○ Foundation. The Defendant publicly expresses false facts to the purport that “the victim is liable for gambling to the bond company; and (d) is currently filing a petition for bankruptcy.”

3. Intimidation.

A. On May 2012, the Defendant: (a) informed the victim of the demand to verify the details of the deposit and withdrawal of the head of the △ Media Art Company from the victim Kim○○; (b) made it possible for the victim to know that he/she had a son Kim △△△△△△△△△ in the first place of the Goyang-si Station; and (c) informed the Defendant of the fact that he/she had a friend in the Seoul National University Secretariat that he/she had a friend, Kim △△△△△△△△△△△, who had a friend in the front of the Goyang-si Station at the Goyang-si Station; and (d) made it possible for the Defendant to take the friend face and prevent him/her from going to school; and (e) made it known that the school where the wife works for the wife, has a large amount of gambling damage. The victim threatened the victim by speaking.

B. On May 7, 2012: (a) around 05, the Defendant sent text messages to the victim’s cell phone, “On the other hand, △△△△△△△, well-grounded, and managed it well; (b) due to the debrising desire of the Defendant, the Defendant sent text messages to the victim and threatened the victim.”

C. On May 8, 2012: (a) around 39:39, the Defendant: (b) was unable to use the cell phone of the victim Kim ○○ as the front-time defense; (c) was unable to make it difficult for the Defendant to use the cell phone of the victim Kim ○; (d) was unable to use the front-time defense; and (e) was narrow due to the broadcasting industry; and (e) am special due to the narrow learning of the broadcasting industry; and (e) was at least ○○.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness Kim○-○ and D;

1. A protocol concerning the examination of partially the defendant's prosecution (including the part concerning Kim○○'s statement);

1. A protocol concerning examination of suspect against Kim○-○ (including part of the defendant's statement);

1. A protocol concerning the examination of suspect by some of the police officers against the defendant (including the part concerning Kim○-O's statement in the second and third instances);

1. Statement of each police statement on Kim○-○;

1. Report on the results of litigation to confirm the existence of an obligation;

1. Report on the hearing of statements by witnesses A and B;

1. Labor contract, written judgment, text message sent by E, cash withdrawal details, settlement statement prepared by E, sales, purchase, revenue, and expenditure settlement statement, litigation paper and text message sent by the K○○ Attorney-at-Law, settlement of accounts of the company prepared by E, notice of reasons for non-prosecution, e-mail sent to E, and intimidation message sent by E;

1. Details of passbook transactions and details of entrance and departure transactions;

1. Complaint;

1. Determination as to the defendant and his defense counsel's assertion on the detailed statement, transfer certificate, content certification, and content certification paid to Kim ○○.

1. Summary of the assertion

A. Regarding 1-A/B of the facts charged

Although the Defendant said that he would be aware of the victim from gambling in order to assist him in gambling, there is no fact that he said that he would make a resolution of the case in favor of the public official, and there is no fact that he received money in connection with the affairs handled by the public official.

B. As to the charge No. 1-C

Although there is a fact that the defendant has delegated an attorney-at-law to proceed with a civil lawsuit, there is no promise to receive 20 million won as a successful fee from the victim.

C. Since the victim related to Article 2 of the facts charged is a fact that he/she embezzled the company’s funds, it cannot be deemed false. Moreover, the Defendant filed a complaint with the victim by embezzlement, etc. on September 25, 2013 and received a decision that he/she was free from suspicion on March 18, 2014. The previous victim was unaware of the fact that it was false at the time of the instant crime. Even if not, the Defendant’s act is an act for the benefit of the ○○ Cultural Foundation, and thus, the illegality should be avoided in accordance with Article 310 of the Criminal Act.

2. Determination

A. As to 1-A/B of the facts charged

In full view of the following facts and circumstances acknowledged by the above evidence, the defendant can be recognized as having received the above money under the pretext of solicitation of the prosecution investigator or the police officer who is a public official. Thus, the above assertion by the defendant is without merit.

① On June 24, 2011, 100, 201.6. 50, 201. 7. 7. 20, 2011. 6. The victim’s statement was made at the time of 000,000 won and 10,000 won. 6. 6. 6. 6. 6. 7. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 1, the victim’s statement was made to the prosecution, and the victim’s statement was made to the victim, and the victim’s statement was made to the victim by 10. 6. 6. 6. 6. 6. 1, 201. 3. 1. 4. 6. 6. 6. 1, 2011. 6. 1. 3. 3.

B. As to the charge No. 1-C

Comprehensively taking account of the following facts and circumstances acknowledged by the evidence mentioned above, it can be recognized that the defendant, who is not an attorney-at-law, promises the defendant to receive KRW 20 million as a successful fee, and mediates civil litigation representation. Thus, the above argument by the defendant is without merit.

① On November 29, 2011, the Defendant sent a statement of settlement that he paid KRW 10 million at the attorney’s expense to the victim by e-mail. On December 26, 2011, the Defendant prepared a statement of settlement that he paid KRW 10 million at the attorney’s expense (at the attorney’s expense) and submitted it to the ○○○ Cultural Foundation. ② The Defendant stated that the Defendant’s payment of KRW 10 million at the attorney’s expense is KRW 20 million at the attorney’s expense, and KRW 10 million at the attorney’s expense, and KRW 10,000,000 at the attorney’s expense (at the investigation record 121 pages), ③ the Defendant’s actual attorney’s fee and KRW 70,000,000,000,000 to the Seoul Central District Court for the confirmation of existence of liability for the victim, and the Defendant’s submission of the statement to the victim and the Defendant’s non-existence of liability to the ○○○ Civil Procedure.

C. Whether the facts charged are false or false as to Article 2 of the Criminal Procedure Act

Comprehensively taking account of the following facts and circumstances acknowledged by the evidence as above, it is reasonable to deem that the part that the victim embezzleds the funds of △ Media Art, and that the Defendant said that he did not confirm or examine the embezzlement of the victim, and that the Defendant was aware of the falsity of the crime, as stated in the judgment of the court below without sufficient confirmation or review. As such, the above assertion by the Defendant is without merit.

① The statement that “the Defendant would bring 62,496,80 won to the victim” was presented to the ○○○○ Cultural Foundation president, etc., and the victim embezzled the funds of △ Media Art Art. (State) as such. However, on October 23, 2013, the Defendant himself/herself brought about KRW 62,496,80 as the victim would bring about her (state) to bring about her interest, etc. to the Media Art Company, and the company received the interest, etc. from the victim, and thus the Defendant voluntarily voluntarily testified that “the ○○○○ Cultural Foundation president, etc.” (the 6th page of the investigation record), and the 62,496,800 won was returned to the victim, and the 62,496,800 won was returned to the her (state) company’s interest, etc. on September 24, 2013.”

5 million won and KRW 5.8 million from February 29, 2012, shall be arbitrarily withdrawn and embezzled, and during the period from December 22, 2010 to March 31, 2011 (a complaint was filed on March 31, 2012, but the correction was made as above) the amount of KRW 35 million from January 22, 201 to March 31, 201, shall be taken by deceiving 35 million from January 201 to March 31, 201.

31. Until June 14, 201, 62, 496, 800 won and salary 70,000 won were punished, and there is a different punishment. Among the above complaints, ① The victim alleged that the embezzlement portion would be withdrawn with retirement allowance settlement, salary, etc., and the victim demanded the return of the above money from self-certification of contents on June 14, 2013, it is not sufficient to recognize the crime of embezzlement only by the defendant's assertion. ④ The defendant sent 35 million won to the victim under the name of 20.5 of the Criminal Act, 200 won to the victim, 200 won as stated above, 30 won as 4.6 won as 20 won as 4.6 won as 20 won as 60 won as 4.6 won as 20 won as 20 won as 4.6 won as 20 won as 7.4 won as 20% as above.

For the purpose of Article 310 of the Criminal Act, the term "when a publicly alleged fact is solely related to the public interest" means a publicly alleged fact relating to the public interest when objectively seen, and an actor must also indicate the fact for the public interest. In such a case, whether the publicly alleged fact relates to the public interest shall be determined by considering all the circumstances as to the expression itself, such as the specific contents of the publicly alleged fact, the scope of the counter-party to which the relevant fact was published, and the method of expression, etc., and by comparing and considering the degree of infringement of reputation that may be damaged or damaged by the expression (see Supreme Court Decision 95Do1473, Oct. 25, 1996). The perpetrator must prove that the alleged fact constitutes solely for the public interest (see Supreme Court Decision 2006Do8544, May 10, 2007).

The following facts acknowledged by the evidence as follows: (a) the victim brought 5.8 million won on February 29, 2012 to a 5.8 million won on the ground that he/she did not return it, and (b) the defendant entrusted her own attorney-at-law to file a civil lawsuit; (c) the defendant prepared a document to the effect that the victim embezzleds 62,496,800 won, including attorney fees 10 million won, and presented it to the executives of the ○○ Cultural Foundation who were dispatched as the team leader; (d) the victim embezzleds the funds of the ○○○○ Foundation who was dispatched as the team leader; (e) there was no money for interim settlement of the settlement amount and retirement allowances to be paid under the contract to the said Cultural Foundation; (e) the victim did not have any money to be dismissed from the team leader of the said Cultural Foundation; and (e) the victim bears gambling debts to the bond manager; and (e) the victim cannot be seen as objectively related to the victim’s work and the purpose of the crime as stated in the above.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 111 (1) of the Attorney-at-Law Act (the point of receiving money and valuables on the pretext of solicitation), Article 109 (1) of the Attorney-at-Law Act (the point of handling legal affairs), Article 307 (1) and (2) of each Criminal Act (the point of handling false facts and factual defamation), Article 283 (1) of each Criminal Act (the point of intimidation), and each choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

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

1. Additional collection:

Article 116 of the Attorney-at-Law Act

It is reasonable to punish the defendant in light of the fact that the defendant's reasons for sentencing received money under the pretext of soliciting the public officials, filed a complaint against the victim who raised questions about the use of the company's funds in embezzlement, and the victim embezzled the company's funds, embezzled the gambling debts, and damaged the honor by the victim's statement in the current petition of bankruptcy, and thereby, the victim was dismissed from the team leader of the above cultural foundation that was dispatched by the victim. (State) When settling the contents of the deposit and withdrawal of the △ Media Art Art, the crime is not good because the victim's demand was not complied with and the victim's family would be threatened, and the crime is not good, as the victim's family would be threatened, as the victim's family would be threatened, and the defendant has been punished four times due to violence, etc., and the defendant did not resist the mistake about his crime, and did not have been used by the victim.

However, the intention of the defendant to inquire about the case for the victim suffering from gambling, seems to have committed the crime of violation of the Attorney-at-Law Act, and the actual gambling debtor's gambling was subject to criminal punishment due to the defendant's act, and the victim was reached an agreement with the gambling ○ in the process, the defendant did not have the same power, and all of the sentencing factors, such as labor contract and obligation between the defendant and the victim, the defendant's age, character and conduct, environment, and circumstances after the crime, etc., shall be determined as per the order.

Judges Kim Chang-tae