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(영문) 광주지방법원 2015.06.10 2014고단4622
변호사법위반등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

20,000 won shall be additionally collected from the defendant.

(b) the defendant;

Reasons

Punishment of the crime

1. On December 4, 2013, the Defendant violated the Attorney-at-Law Act: (a) at the beauty club of D’s “E Hague club” operated in C at the time of stay at around 12:00, the Defendant received the request from D to “I want to assist in the case of being detained in the operation of an illegal game room; (b)” from D, “I want to obtain the request from D to “I wish to assist. I are the public prosecutor working for the Seoul Central District Prosecutors’ Office; (c) I can be released from the first instance trial if I are the head of the Gu. I must promptly deposit money upon request. I can resolve only KRW 23 million.” On or around December 6, 2013, the Defendant received money and valuables from D in the name of its teaching expense under the pretext of a solicitation for a public official to receive and handle the case in the name of the Defendant’s bank account under the name of G bank.”

2. On December 6, 2013, the Defendant, who violated the Act on the Regulation and Punishment of Criminal Proceeds Concealment, received money and valuables from D under the pretext of solicitation to the prosecutor at Seoul Central District Prosecutor’s Office as described in the foregoing paragraph (1), and pretended to the acquisition of criminal proceeds by remitting KRW 23.5 million to the bank account in the name of G managed by the Defendant to the account in the name of G.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Application of D’s protocol of interrogation of the accused in the prosecution (329 pages of investigation records) to the statute

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Acceptance of money or valuables under the pretext of solicitation for the affairs to be handled by the public officials in judgment: Article 111 (1) of the Attorney-at-Law Act;

(b) Concealment of criminal proceeds in judgment: Article 3 (1) 1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is set by the sentencing guidelines, and the case where the sentencing guidelines are not set.

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