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(영문) 부산지방법원 2016.02.18 2015노1488
변호사법위반등
Text

All appeals filed against the Defendants and the Prosecutor A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1 and 1) did not receive KRW 10 million from Defendant A in return for the attorney-at-law’s practice in relation to Defendant A’s violation of the Defense Act. However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B) On March 2009, the Defendants agreed to pay KRW 100,000 per month to O in return for the management and profit-making of the said housing between O and the owner of the building N-73 square meters in Nam-gu, Busan (hereinafter “instant housing”).

Therefore, the defendants were entitled to lease the house of this case at the time of the lease contract with the victim, and even if they were not by deceiving the victim, the judgment of the court below is erroneous in the misapprehension of facts, thereby affecting the conclusion of the judgment.

2) The lower court’s sentence against the Defendants (one year of imprisonment with prison labor for Defendant A and additional collection of ten million won, and one year of the suspended sentence of six months of imprisonment with prison labor for Defendant D) is too unreasonable in light of the unfair sentencing sentencing conditions.

B. The lower court’s sentence against Defendant A (one year of imprisonment, additional collection of ten million won) in light of the prosecutor’s various sentencing conditions is too uneasible and unreasonable.

2. Judgment on the grounds for appeal

A. According to the records on the assertion of mistake of the facts regarding Defendant A’s violation of the Act on the Violation of the Act on the Law of Defense and Defense, Defendant A is sufficiently capable of finding Defendant A guilty of a crime of violation of the Act on the Law of Defense and Defense, in full view of the evidence duly adopted and examined by the lower court and the lower court, that is, the evidence that was recognized by the prosecutor’s statement, etc. and evidence, and the process of the legal affairs, etc. between B and Defendant A, and the details of monetary transactions, etc., on the third trial date of the lower court.

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