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(영문) 서울서부지방법원 2012.12.21 2012고단820
변호사법위반등
Text

A defendant shall be punished by imprisonment for one year.

20,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 2, 2012, the Defendant was sentenced to a suspended sentence of five years for a violation of the Attorney-at-Law Act by imprisonment with prison labor for a violation of the Attorney-at-Law Act, and on June 8, 2012, the judgment became final and conclusive.

On July 201, 201, the Defendant was detained on the part of 7rd 2nd 2nd of a government prison in the Gosi-dong, Gosi-si, Gosi-si, the Korean Government District Court 201Mo728, and the case of violation of the Act on the Registration of Credit Business and Protection of Financial Users, and the Protection of Financial Users, and the victim E who was detained on the charge of violating the Act shall be subject to the suspension of the execution of detention. Since it is not a big crime, the Defendant would allow the employees of the correctional institution to work against the prison and receive a judgment outside the prison, and would be able to be suspended the execution at the appellate court. At that expense, the amount of KRW 50 million was entered into the total amount of KRW 20 million, and KRW 30 million was working at the attorney-at-law and the presiding judge. Once the amount of KRW 20 million was paid, and the remaining amount of KRW 30 million should be expressed within the limit of KRW 1 million."

However, even if the defendant did not have a lawyer's license and received money from the victim, the defendant did not have any intention or ability to work with prison staff, etc. to force the suspension of detention.

Nevertheless, around September 20, 201, the Defendant received 20 million won from the victim under the pretext of receiving 20 million won under the pretext of working expenses for the suspension of detention through F, which is the will of the victim, and at the same time, receiving money and valuables from the prison employees who are public officials, as well as soliciting the case or affairs handled by the prison employees.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. The entry of each statement of the defendant, E, and F in the prosecution record against the defendant;

1. On the new bank transaction statement, cell phone text messages, letters, CCTV photographs, recording CDs

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