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(영문) 대전지방법원 홍성지원 2015.02.25 2015고단17
변호사법위반
Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

Sales agency contract (No. 5) confiscated by the defendant shall be executed.

Reasons

Punishment of the crime

On January 2012, the Defendant agreed to the effect that “F”-which is scheduled to place an order in the above construction work shall be paid 20% of the construction cost as a honorarium if the Defendant requested the executives and employees in charge of bidding at the Sejong City Project Headquarters of the Korea Land and Housing Corporation to the officer and employees in charge of the bidding of the Korea Land and Housing Corporation, so that the “F”-which is scheduled to place an order in the above construction work can be awarded by a free contract.”

Accordingly, the Defendant, at the time of having been working as a G of the Korea Land and Housing Corporation's head office located in Seongbuk-si, Sungnam-si, requested the Korea Land and Housing Corporation Sejong City Project Headquarters I, J, K, etc. to the effect as above, including the solicitation that “D may receive the said construction by free contract.”

In addition, on January 21, 2013, the Sejong City Land and Housing Corporation's business headquarters ordered the said construction work to the Dispute Resolution Co., Ltd. by a free contract of KRW 2.98 billion, and the Defendant was transferred KRW 290,100,000 from the Defendant's name bank account (L) around April 26, 2013, and KRW 226,736,930 from May 30, 2013, in return for mediating the said construction work.

As a result, the defendant received a total of 516,836,930 won under the pretext of solicitation or good offices for the affairs handled by the executives and employees of the Korea Land and Housing Corporation who are deemed public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Fourth suspect interrogation protocol of E (includingM’s statement entry) by the prosecution;

1. Statement of the N in the police station;

1. Sales agency contract (A);

1. Details of sales commission of sales agencies;

1. The order of the Korea Land and Housing Corporation Sejong Project Headquarters is “F” Corporation;

1. A copy of financial account details;

1. Information on goods contracts;

1. Application of Acts and subordinate statutes to an investigation report (the current status of funding to A and the confirmation report on the statement of accounts of a suspect);

1. Article 11(1) and (2) of the Attorney-at-Law Act on the Punishment, etc. of Specific Crimes, Article 4 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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