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(영문) 청주지방법원 충주지원 2015.01.16 2014고단450
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

D around October 11, 2012, when the “G” operated by the F in Chungcheongnam-si, Chungcheongnam-si, controlled by illegal sex trafficking, there was a person who could solicit F and H (F) to the staff of the police station or the prosecutor’s office in favor of F and H (F) and offer the case to the Defendant.

Accordingly, around October 13, 2012, the Defendant, at the mutual infinite coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, stating that “infinites and infinites,” H made a solicitation to the police officer in charge through the “infinites,” and that “n't see the follow-up of this day,” received KRW 6 million in cash from H in terms of the cost of solicitation for the conclusion of the instant case.

On October 2012, 2012, the Defendant continued to request H to need more than KRW 30 million at the solicitation’s expense, and received KRW 20 million in cash from H through K within the Defendant’s car located near the “J” restaurant located in Chungcheongnam-si, Chungcheongnam-si.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, K and H;

1. Each prosecutor's protocol of examination of the accused, F, D, or L (including the substitute part);

1. Each prosecutor's protocol of statement against M, H, F, and K;

1. A portion deposited from the N’s account to D’s passbook;

1. Application of the reply statutes to requests for the provision of financial transaction information;

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;

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

1. We examine whether the defendant under Article 334(1) of the Criminal Procedure Act received KRW 20 million for solicitation, i.e., the following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., the defendant, even though 1.

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