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(영문) 서울중앙지방법원 2019.01.11 2017노4376
변호사법위반
Text

1. The first original judgment shall be reversed. A.

Defendant

A Defendant A shall be punished by imprisonment with prison labor for a year and six months.

except that this judgment.

Reasons

Summary of Grounds for Appeal

Defendants (misunderstanding of facts and misunderstanding of legal principles with regard to the first instance judgment) received 586 million won from C from the Defendants (the Defendants received 586 million won as investment money) in return for legal affairs.

The prosecutor (misunderstanding of facts against the second judgment on the defendant B) had intention to help the defendant commit the singing fraud by the nameless noble person.

Judgment

According to the evidence duly admitted and examined by the first instance court and the first instance court as to the Defendants’ assertion of mistake of facts and misapprehension of legal principles, the following circumstances can be acknowledged.

Defendant

A A under an investigation at the investigative agency, he received the construction price for F Co., Ltd. (hereinafter referred to as “E”) from the F Co., Ltd. (hereinafter referred to as “F”), and received approximately KRW 500 million in return, and stated that he would receive an additional KRW 2.5 billion in addition to the additional KRW 2.5 billion in receipt of the additional KRW 2.5 billion.

(The fourth protocol of interrogation of the Defendant A by the prosecution, in particular, evidence records 1477 to 1479 pages), and the money received from C, stated that the money received from C is not the money received as investment for joint business but the amount received from F.

(Evidence Records 1494 pages). Defendant A stated in the trial that all of the charges of violating the Attorney-at-Law Act were recognized.

(1) Defendant B also was investigated by an investigative agency, and the money received from Defendant C was received by the Defendants for the payment of construction cost to EF and was not received as investment money.

(2) The Defendants and C did not have any written investment agreement between the Defendants and the Defendants (Evidence No. 1312, 1500, 1501, Defendant 2, 5, and 6). According to Defendant B’s statement, the agreement on specific investment terms and conditions is reached with C.

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