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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

The defendant is currently working as a lawyer belonging to B.

On June 2016, the Defendant, at the bar office operated by the Defendant in Songpa-gu Seoul Metropolitan Government C building D on the early 2016, told the victim E that “If the Namdong F is able to take a bar in Seongdong-gu, he would transfer F to a female prison through a prison officer, who works for an female correctional institution, a friendly senior dong, who is working for an female correctional institution, and would be given convenience such as receiving medical treatment at G hospital, and would be released as soon as possible with suspension of execution of punishment, parole, and special amnesty.” The Defendant made a false statement to the victim E, stating that “The amount of KRW 25 million should be changed due to rain funds, etc.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to take measures to transfer F to a female prison or to release F from it early.

Nevertheless, the Defendant, by deceiving the victim as above, was transferred from the victim the sum of KRW 20 million to one bank account under the name of the Defendant (H) on June 11, 2016 and KRW 15 million on June 29, 201, under the pretext of working expenses, correctional officers, teaching expenses, etc. necessary for transfer from the victim.

As a result, the defendant received money and valuables under the pretext of solicitation for affairs handled by public officials at the same time by deceiving the victim and receiving property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Some statements made by the police and the prosecutor's protocol of examination of the accused;

1. Each police officer and prosecutor's protocol regarding E;

1. Each certificate of deposit transactions;

1. Investigative report (F prisoners' information confirmation), investigative report (F's meeting record verification), investigative report (report on suspect A's fraud, suspicion of violation of the Attorney-at-Law Act), investigation report (report on the progress of trial of witness F and the date of confirmation of judgment);

1. Results of the relevant confinement and criminal records, and references to criminal records;

1. Recording notes, telephone recording files, CDs (Evidence Nos. 20);

1. Search details, etc. of consolidated cases;