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(영문) 대전지방법원 홍성지원 2014.11.19 2014고단575
변호사법위반
Text

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

87,200,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 2013, the Defendant offered to the president of the Dispute Resolution Co., Ltd., which is a senior production company, that “The construction work of the FF district drainage pumps Co., Ltd., ordered by the public official in charge of the construction order in the Gyeongsan-si, Chungcheongnam-si, in solicitation of the public official in charge of the construction order in the Gyeongsan-si, that “The construction work of the FF district drainage pumps Co., Ltd., may be ordered by a private contract,” and that E accepted it

Accordingly, around that time, the Defendant solicited a public official in charge of the ordering construction works in Busan Metropolitan City to accept the said construction works by a private contract, and on March 13, 2014, the Simsan City ordered a private contract to the KF district drainage pumps to set up a construction cost of KRW 640 million. The Defendant ordered the FF district drainage pumps to set up a construction cost of KRW 640,000,000,000,000 in total from December 2, 2013 to February 10, 2014 in return for arranging the construction works from E, and KRW 1.8 million in cash from January 20, 2014, as well as KRW 4 million in cash from January 20, 2014.

2. 11. Cash: One million won, and the same year.

3. 11. Cash: seven million won, and the same year.

3. Around 27.27. Cash was delivered KRW 87.2 million in total.

As a result, the defendant received a total of KRW 87.2 million under the pretext of solicitation or good offices for the affairs handled by public officials.

Summary of Evidence

1. Defendant's legal statement;

1. The first and third suspect interrogation protocols of prosecutors E;

1. G statements;

1. Text messages between E-A;

1. Contents A text messages;

1. Three copies of a contract;

1. Application of the relevant Acts and subordinate statutes to a copy of the note seized by suspect A;

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. Determination of the type of punishment (applicable to the sentencing criteria) between one month and five years under the latter part of Article 116 of the Attorney-at-Law Act (the scope of the punishment by law): The basic area of the recommendation and the scope of the recommendation that the person concerned has no person concerned, the basic area of imprisonment with prison labor for not less than one year and not more than two years;

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