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(영문) 인천지방법원 부천지원 2012.08.17 2012고합131
변호사법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

C has been designated from D to E as an agent for issuing a number plate and has been operating the E number plate manufacturing office. From April 1, 201 to September 30, 201, it was notified by the Facilities Management Corporation that E will be designated as an agent for issuing a number plate and thereafter, it will be allowed to issue a number plate at the Facilities Management Corporation.

On April 18, 2011, the Defendant received KRW 10 million in cash on the same day by stating to the above office that “A is well aware of the politics F,” and that “A request is made through F to a viewing public official for an extension of the service period of issuing a number plate by solicitation,” and received KRW 3 million in cash on July 8, 201 by stating that additional expenses are needed.

As a result, the defendant received money and valuables under the pretext of soliciting cases or affairs handled by public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report (to hear statements from persons for reference, and to hear statements from persons for reference;

1. Application of statutes to various documents and accompanying documents;

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 ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Social service order under Article 62-2 of the Criminal Act;

1. The latter part of Article 116 of the Attorney-at-Law Act (hereinafter referred to as "the Attorney-at-Law Act") does not apply where the defendant receives a certain amount of money on the pretext that he/she extends the service period to a viewing public official to issue a license plate.

However, it appears that the crime of this case does not affect public officials' performance of duties, the defendant returned 7 million won prior to the commencement of the investigation of this case to C, and returned 6 million won after the commencement of the investigation of this case to C, and the defendant did not have a criminal record but has a criminal record, and is against his depth of his mistake, the defendant's age, character and conduct, intelligence.

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