2017 Violation of the Attorney-at-Law Act

A

The defects in indictments and fixed Excursion ships shall be tried.

Law Firm Domba

Attorney Yoon Tae-sik, Counsel for the plaintiff-appellant

August 27, 2018

A defendant shall be punished by imprisonment for not less than one year and six months.

50 million won shall be additionally collected from the defendant. The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Criminal History Office

No person shall receive or promise to receive gold, entertainment, or other benefits under the pretext of solicitation or arrangement for cases or affairs handled by a public official.

B was serving as the president of the Housing Reconstruction Association of D Apartment Housing, which was being promoted on the land outside Songpa-gu Seoul and 11, on October 2, 2014, and was detained by the Seoul Eastern District Prosecutors' Office as the crime of violation of law (Bribery) in the Act on the Aggravated Punishment, etc. of Specific Crimes, on October 20, 2014. On May 29, 2015, the above court was sentenced to imprisonment of 6 years and fine of 200 million won and became final and conclusive on May 12, 2016.

When the Defendant came to know of the fact that the said B was detained by the prosecution from around September 2014, the Defendant came to know of the fact that he had been detained by the prosecution. At that time, he accessed his father E from the said father, saying, “F will have his father conduct a special interview (the meeting to change his place) through F,” and mediates five times meetings from November 10 to December 23, 2014, and arranged for a total of five times meetings from November 10 to December 23, 2014, and led E to believe that he had his influence, such as arranging for a short meal place, and he tried to receive money and valuables under the pretext of teaching expenses, etc. by putting his friendship with the legal professionals, such as the instant adjudication division.

A. On January 14, 2015, the Defendant was issued KRW 20 million in cash, delivered by E, at a mutually infinite coffee shop located in the Seocho-gu Seoul Metropolitan Government H building on the following grounds: (a) the Defendant works for E [in the office of the head of the set-off office, whether the case being investigated in the Eastern Site Inspection is to be additionally indicted; (b) the person who was appointed by the Prosecutor General before J is well aware of the case; and (c) the person who was appointed by the Prosecutor General who was well aware of the case; and (d) the public prosecutor must attend the prosecution; and (e) around the 14th day of the same month, the Defendant received KRW 20 million in cash, delivered by E, at a mutually infinite shop in Gangnam-gu Seoul Building L2.

B. The Defendant, at a place where it is difficult to know the unknown place of the daylight on February 2015, 2015, received golf from the above E at Q hotel shop in Gangnam-gu Seoul, stating that “I will not good in the atmosphere, I will come up before the front line of the second floor of the B trial, and I will come up with the last end when it is well. I must do so. The presiding judge must set up. I will start golf by inviting N to 0. And if there are two judges in the next place, I will not go up to 30 million won.” On the 24th day of the same month, the Defendant received cash 30 million won from the above E from the first floor of the Q hotel shop in Gangnam-gu, Seoul.”

As a result, the Defendant received money and valuables of KRW 50 million in total from E on two occasions under the pretext of soliciting or arranging cases or affairs handled by public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by witnesses R in the first protocol of the trial, and statement made by witnesses E in the third protocol of the trial;

1. The prosecutor's statement concerning G;

1. Each fact-finding certificate prepared by S, a written statement prepared by T, and a written confirmation prepared by M;

1. Investigative report (Korean currency with reference witness M), investigative report (a related judge, attorney-at-law attachment), investigation report (J attorney-at-law attachment), investigation report (F name'G's confirmation' and attachment of related articles), investigation report (B special visit verification); and investigation report (B special visit verification);

1. Court rulings (B);

1. Details of proxy form or E name account;

1. The application of Acts and subordinate statutes to recording records (E, A, R), recording records (E, A), recording records (E, M), recording records (E, or recording records (E);

1. Article relevant to the facts constituting an offense and the selection of punishment;

Paragraph 1 of Article 111 of the Attorney-at-Law Act (generally, choice of imprisonment);

1. Additional collection:

Article 116 of the Attorney-at-Law Act

1. Order of provisional payment;

1. The scope of applicable sentences by law: Not more than five years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] Violation of the Attorney-at-Law Act: Acceptance of money and valuables at least KRW 50 million for solicitation and good offices, and less than KRW 100 million (Type 3)

[Special Aggravationd Doctrine] Aggravationd : In the case of a crime in the form prescribed in Article 110 of the Attorney-at-Law Act

[Scope of Recommendation] 2 years - 3 years and 6 months (Aggravation)

3. Determination of sentence: Imprisonment with prison labor for one and half years; and

○ Unfavorable Circumstances: The instant crime was committed against B’s children under the custody investigation or trial of the instant case, demanding the Defendant to provide money and valuables to him/her under the pretext that he/she should make a request related to investigation, prosecutor or chief prosecutor’s investigation, and a request related to the trial of the presiding judge of the instant case, and received KRW 50 million on two occasions. This is a crime that impairs the general public’s trust in relation to the fairness of prosecutor’s duties and judges’ duties, and the amount received is large. The Defendant escaped before the pronouncement of the instant judgment.

The favorable circumstances of ○○: The Defendant led to the confession of a crime, and does not have the same criminal records. Some of the received money appears to have been consumed in the course of the activities for the investigation and trial of B. B demanded the return of KRW 50 million, thereby recognizing it, and B has the title of execution with respect to it. The Defendant is aged, not only himself, but also his spouse is bad.

○ Other factors of sentencing as ordered shall be comprehensively considered in light of the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc. and all the factors of sentencing as shown in the oral proceedings.

The presiding judge, the Full Judge Line

Judges Kang Jin-han

Judges Do Residents-ho