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(영문) 전주지방법원 2017.11.30 2017고단1301
변호사법위반등
Text

Defendant

A shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A around July 2015, Defendant A lent and used a career pocketbook for information and communications technicians from the information and communications technician at the office of (ju) G located in So-gu Seoul Special Metropolitan City, Seo-gu, Seoul Special Metropolitan City, and from H as an information and communications technician.

2. A around June 2016, Defendant A lent a career pocketbook for information and communications technicians from (ju)G office located in So-jin-gu Seoul Metropolitan Government, and from I as a high-class technician, as an information and communications engineer.

3. On September 2016, Defendant A lent and used a career pocket book for information and communications technicians from the J as a technician of information and communications technology at the (State)G office located in So-jin-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant A’s legal statement

1. Each written statement of J, H and I;

1. Application of career pocketbooks for each information and communications engineer to Acts and subordinate statutes;

1. Article 75 subparagraph 5 of the Act, Article 40 (2) of the Act, and Article 75 of the same Act, and Article 70 of the same Act, the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that Defendant A’s violation is more severe in light of the purport of the Act on the Business of Information and Communications, which provides for a certain level of construction work as a whole by obtaining a certain qualification in an information and communications construction work and provides strict restriction on contract, etc., as Defendant A fails to meet the requirements necessary for the construction work while performing the work of installing the sound and image equipment of broadcasting as the representative of the Bank of Bankruptcy in the case of the instant case.

The number of violations is not many, such as lending and using a certificate of qualification for another information and communications technician from three persons.

The fact that the defendant appears is disadvantageous to the defendant A.

However, the fact that Defendant A recognizes the crime of this case and that it is the first offender is favorable to the defendant.

All other circumstances prescribed in Article 51 of the Criminal Act shall be considered.

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