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(영문) 수원지방법원 평택지원 2015.01.15 2014고단1480
변호사법위반
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2013, the Defendant received entertainment of KRW 3194,500,000, in total eight times from the above date and time to January 17, 2014, by requesting the public prosecutor of the Seoul Central District Public Prosecutor's Office, the Defendant, who was aware of Pyeongtaek-si D, from G, and from H to the public prosecutor of the Seoul Central Public Prosecutor's Office, the Defendant’s middle school of the Defendant’s middle school, and by requesting the above public prosecutor’s office, the case of fraud accused by H, which was accused by the above public prosecutor’s office, and the case of fraud accused by H, which was accused by J, the above public prosecutor’s volunteer fee, etc., and received KRW 380,000,00,000,00 from H, under the same title as in the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Application of Acts and subordinate statutes on the details of card transactions and account transactions;

1. Article 111 (1) of the Attorney-at-Law Act applicable to facts constituting an offense, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. In addition, Article 116 of the Attorney-at-Law Act provides that the amount of damage caused by sentencing is relatively small, and there are no means to punish the defendant except once a fine due to any other type of crime, and there are extenuating circumstances such as supporting the assistance division and the victim's assistance. However, in light of the fact that the victims' multilevel circumstances are poor, the crime of this case committed by the victims, such as denying the receipt of cash, and the victims are seeking a strict punishment against the defendant, it is not appropriate to place the defendant.

Therefore, considering the age, character and conduct, circumstances after crimes, etc. of defendants, the punishment as ordered shall be determined as per Disposition.

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