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(영문) 서울중앙지방법원 2015.01.08 2014고합1341
변호사법위반
Text

A defendant shall be punished by imprisonment for one year.

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

No person shall receive or promise to receive money, valuables or other benefits under the pretext of solicitation or mediation with respect to cases or affairs handled by public officials.

Nevertheless, the Defendant, from C on January 13, 2005, was sentenced to 10 years in Seoul High Court to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and tried to release him from the suspension of the execution of punishment. The Defendant tried to receive money and valuables from D in the manner of solicitation of correctional public officials, etc.

1. On August 23, 2008, the Defendant received money and valuables, around August 23, 2008, at the Defendant’s office near the Defendant’s office located in Yeongdeungpo-gu Seoul Metropolitan Government, D well-known member of the National Assembly who can exercise influence over the suspension of execution of the C’s punishment. The Defendant demanded expenses that “I would well know that C would be released by the suspension of execution of the C’s punishment.” The Defendant received KRW 3 million from D consenting thereto.

2. On August 27, 2008, the Defendant received money and valuables around August 27, 2008: “Flimited restaurant” located in Yeongdeungpo-gu Seoul Metropolitan Government E around August 27, 2008, the Defendant introduced G to “D,” and the Defendant introduced D, “Ssing away from I to work as H of the Government Correctional Institution with a thickness, and there is a difference between I and I, and there is a relationship with other prisons. I, I does not come to the direction of the correction; and along with D, the Defendant requested D to “Ahhhhhh to the correctional public official so that C, who is confined to the Yeongdeungpo-gu prison, can be released by the suspension of the execution of punishment.”

As above, the Defendant introduced G to D, and then changed the amount of KRW 20 million to D with the expense of making correctional officials pay to D throughG.

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