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(영문) 서울고등법원 2015.10.16 2015노1758
변호사법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal: misunderstanding of facts;

A. In full view of the fact that L’s statements consistent with this part of the facts charged in violation of the Attorney-at-Law Act are consistent, consistent with U, T, and Y’s statements, and the defendant also received money from L, and the defendant actually submitted a petition to the police officer by embezzlement, breach of trust, etc. to the police, and the investigation was conducted by the defendant. In this process, the defendant intended to promise contact with L for police officers to pay hospital expenses, and made L to pay hospital expenses, it is recognized that the defendant received KRW 200 million from L for police expenses, but the court below erred in the misapprehension of the facts charged.

B. The Defendant’s testimony to the effect that “A is liable to pay KRW 1.6 billion in G” is false, in full view of the following: (a) the agreement entered into with R (hereinafter “Agreement 1”) between the Defendant and S (hereinafter “Agreement 2”) on the ground that G is the actual manager of the Defendant and AH (hereinafter “J”) on the ground that the Defendant and the H are the nominal owner; and (b) the parties to the agreement are different; and (c) there is no separate agreement in the name of G corresponding thereto, different from the agreement 1; and (d) there is no separate agreement in the name corresponding thereto, the Defendant’s testimony to the effect that “A is liable to pay KRW 1.60

2. Judgment on the violation of the Attorney-at-Law Act

A. In light of the following circumstances acknowledged by the record, the lower court determined that it is difficult to view that the fact that the Defendant received KRW 10 million on Nov. 28, 2009, and KRW 70 million on Aug. 26, 2010, and that KRW 30 million transferred from L on Aug. 26, 2010, were proven to the extent that there is no reasonable doubt on the fact that it was the cause for paying expenses to the police.

1) L on November 28, 2009, in cash, KRW 100 million, is the prosecution and the prosecution.

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