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(영문) 서울동부지방법원 2019.07.25 2019고단1384
변호사법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 2015, the Defendant stated that D’s office located in Songpa-gu Seoul Special Metropolitan City, which was included in the E District Unit Planning Zone and Planning Decision (Plan) as of July 29, 2014, the Defendant would change the Class 1 general residential area/ natural scenery district of the said land to the Class 2 general residential area/scenic district of the second general residential area/scenic district of the land.”

Accordingly, on October 28, 2015, the Defendant received 20,000,000 won from Samsung Securities Account H in the name of the Defendant as the down payment for land use change services, and received money and valuables from D under the pretext of soliciting the affairs handled by the public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and I

1. Article 111 (1) of the Attorney-at-Law Act applicable to facts constituting an offense and Article 111 of the Act on the Selection of Punishment;

1. Article 62 (1) of the Criminal Act;

1. Article 116 of the Attorney-at-Law Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The receipt of money and valuables under the pretext of changing the purpose of land by solicitation to a public official is to impair social trust about the integrity and uncertainty of public duties, and the liability for the crime is grave; circumstances in which the amount of money and valuables received by the defendant is not much favorable: The fact that one's mistake is divided and reflected; the fact that there was no record of punishment for the same crime; the defendant's age, character and behavior, motive, means and consequence of the crime; and the conditions for sentencing specified in pleadings, such as the circumstances after the crime, etc.

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