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(영문) 서울중앙지방법원 2013.11.08 2013고합905
변호사법위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who actually operates the F Co., Ltd. (hereinafter referred to as “F”) established for the integrated management of services provided to the E University located in Yong-si.

1. Around October 2010, the Defendant violated the Attorney-at-Law Act, at the first vice president of the company operating by H on the 34th floor of the Gangnam-gu Seoul Metropolitan Government GG Building, and H, upon receiving a request from H to the effect that “after the latter J is making it difficult for him to undergo a tax investigation from the South Yangyang tax office, it is different from the above public official in charge of the above tax office so that the above tax investigation can be processed well,” and the above H stated to the effect that “I will make an solicitation to the public official in charge of the above tax office through an erroneous person so that the above tax investigation can be processed well without any problem.”

After November 10, 2010, at the above I Vice-president office, the above H received KRW 10,000,000 from the above H as school expenses and case expenses necessary for soliciting public officials in charge of tax offices as above.

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

2. The Defendant is a person in charge of managing corporate funds as an actual operator of the foregoing F. A.

Defendant

Around August 1, 2011, the Defendant embezzled the total amount of KRW 17,079,300,000 of the company’s funds, from the office of the victim F (hereinafter “victim”) with the 809 floor of Ka building in Seongbuk-gu, Sungnam-si (hereinafter “victim”) around November 1, 201, to withdraw KRW 10,663,000 of the victim company’s deposits from the victim company for overseas travel expenses and arbitrarily used them as Defendant’s family members’ overseas travel expenses, and then embezzled it by using the Defendant’s and his family members’ voluntary use of the total amount of KRW 17,079,300,00 as the travel expenses.

B. Around August 10, 2012, the Defendant, through the most favorable payment of wages, did not have served as an employee of the victim company in the office of the victim company.

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