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(영문) 대전지방법원 2013.05.02 2012노2651
변호사법위반
Text

The judgment below

Among the parts not guilty against Defendant A and those against Defendant B, each of them shall be reversed.

Defendant

B.

Reasons

Summary of Grounds for Appeal

Defendant

The judgment of the court below that convicted the Defendant of each of the facts charged is erroneous in the misapprehension of the fact that the Defendant was guilty of each of the facts charged, and that the amount of KRW 5 million delivered from G on January 19, 201 and KRW 10 million delivered from F on February 21, 2011 is not a loan in the name of solicitation, but merely a loan.

The sentencing of the lower court on unreasonable sentencing (one year of imprisonment, two years of suspended execution, additional collection of ten million won) is too unreasonable.

Defendant

B. On March 10, 201, the Defendant: (a) received KRW 100 million from G and F on March 10, 201, and actually attempted to appoint an attorney-at-law; (b) on April 8, 2011, he had already appointed an attorney-at-law, returned KRW 90 million to him on April 8, 201; and (c) did not receive the above KRW 100 million on the pretext of solicitation from the Minister of Government Legislation, etc.; (d) however, the lower court convicted the Defendant of this part of the facts charged,

The sentence of the lower court’s unreasonable sentencing (three years of imprisonment, additional collection KRW 100 million) is too unreasonable.

According to each evidence submitted by the prosecutor (the fact-finding, not guilty part of the judgment below), although the defendant A received KRW 5 million from G on March 11, 201 to make a solicitation to the police officer in charge of the case, and the defendant A received KRW 100 million from the victims on March 10, 201 in collusion with the defendant B, and the defendant B received KRW 100 million from the victims on the pretext of solicitation to the Minister of Government Legislation on March 10, 2011, the judgment of the court below acquitted the defendant A of each of the facts charged, which affected the conclusion of judgment

Judgment

Defendant

G, F, F, andO are the following circumstances acknowledged by evidence duly adopted and investigated by the lower court and the first instance court to determine the facts regarding the A's assertion, namely, G, F, and F, from the investigative agency to the first instance. G and F are the E fishing village fraternity.

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