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(영문) 대전지방법원 천안지원 2014.09.19 2014고단786
변호사법위반
Text

A defendant shall be punished by imprisonment for six months.

2,000,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

On November 2013, the Defendant received a request from C to the effect that “The Defendant was subject to a police investigation by filing a false complaint with respect to the construction of an apartment in the process of new construction of the apartment, so it would have been subject to a police investigation.”

Accordingly, the Defendant stated, “I would like to make the public prosecutor and employees of the Yancheon District Public Prosecutor’s Office know well, so I would like to make the public prosecutor and employees of the public prosecutor’s office to be suspected of being suspected of being suspected of being suspected of having made a solicitation, and the public prosecutor’s office had already put the public prosecutor’s office’s office employees to talk

On December 11, 2013, the Defendant received KRW 500,000 from C to the account of his own community credit cooperative (D) under the pretext of teaching expenses, and thereafter received money and valuables under the pretext of soliciting public officials by receiving KRW 2,00,000,000 from C, under the same name as C, in front of his/her East-gu Daejeon Metropolitan City, Seo-gu, Daejeon, and received KRW 1,50,000,000 from E in front of the same name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution against C;

1. Application of Acts and subordinate statutes to each investigation report (report on attachment of details of transactions in A Account, check source verification);

1. Article 111 of the Attorney-at-Law Act related to facts constituting an offense; the choice of imprisonment;

1. Article 116 of the Attorney-at-law Act provides C with a reason for sentencing an additional collection of KRW 20 million in return for promising C to receive KRW 10 million from the former, on the pretext of teaching expenses, etc. to a public official of an investigative agency.

The defendant has a record of having been sentenced to imprisonment due to a violation of the Attorney-at-Law Act, and is sentenced to imprisonment and fine for similar crimes such as fraud.

The crime of this case was committed immediately after the end of the repeated crime period of violation of the Attorney-at-Law Act, and the defendant received KRW 2 million from C, and actively demanded the additional provision of money and valuables.

In full view of these circumstances, the defendant's injury to C.

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