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(영문) 수원지방법원 평택지원 2018.11.23 2018고단816
변호사법위반
Text

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

455,986,532 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant, as an internal director of Daejeon Seo-gu, Seo-gu, Inc. D (hereinafter “D”), entered into a business consignment agreement with the head of the government-funded corporation, E (hereinafter “E”) and the government-funded corporation, which is ordered by the government-run company, to arrange for the supply contract for the construction works ordered by the government-run company, to receive 20% or 30% of the construction amount according to the products supplied to the government-run company in E, to receive 20% or 30% of the construction amount as sales commission.

No person shall receive money, valuables, entertainment, etc. under the pretext of solicitation or arrangement for cases or affairs handled by a public official.

Around December 30, 2015, the Defendant arranged the above end-user institution to enter into a contract for the supply of LED lighting fixtures equivalent to KRW 45,542,00 in the price of materials to the above end-user institution in accordance with the above contract, and received KRW 28,297,310 (the aggregate of sales commission in December 2015, KRW 11,221,70), including the transfer of KRW 11,70 in the above public university’s college from around December 28, 2015 to the Agricultural Bank’s account (F), from around December 18, 2017 to around December 18, 2017; and received KRW 15,50 in the aggregate of the sales commission fees from the Korea Research Institute, including the transfer of KRW 15,50 in the above public university’s college from around December 28, 2015 to around December 15, 2017.

As a result, the defendant received money and valuables on the pretext of solicitation or mediation for the affairs handled by public officials.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. Statement made by each prosecution to H, I, and J (including K's statement);

1. Application of Acts and subordinate statutes to each investigation report (No. 8,9,18)

1. The relevant Article of the Act concerning the facts constituting the crime and the separate protection of the punishment;

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