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(영문) 서울고등법원 2017.09.27 2017노1423
변호사법위반등
Text

The judgment below

The part against Defendant A, C, and D among them shall be reversed.

Defendant

A Imprisonment with prison labor for two years and for six years.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (a) (a written application for resumption of argument and a summary of oral argument submitted after the deadline for submitting a written reason for appeal shall be deemed to the extent to supplement the written reason for appeal) and Defendant A (a written application for resumption of oral argument and a summary of oral argument shall be deemed to the extent to supplement the written reason for appeal) promised to receive payment on April 14, 2015, 50,000 won, which was paid on April 28, 2015, attached to the List of Crimes No. 550,00

It is accepted as part of 2,679,820 won.

Defendant

A merely thought that a business agency contract was concluded and the business was conducted according to its business ability, and there was no intention of violation of justice.

Defendant

A The amount paid as value in accordance with the service contract shall be excluded from the amount of additional collection.

2) The unfair sentencing sentence of the lower court (2 years and six months of imprisonment, 1,593, 324, 964 won) is too unreasonable.

B. Defendant C1) The misunderstanding of facts and the misunderstanding of legal doctrine C file cannot be recognized as the credibility of the statement.

No. 11 to 14, and 16 of the annexed Table 3 year table of crime that is contrary to the past record is not received by Defendant C, but is not invested by Defendant C in the amount of KRW 50 million per year re-investment every 15 years.

Defendant

C was affiliated with CN headquarters of the National Health Insurance Corporation (related to No. 1 and No. 2 of the attached Table 3), but did not take charge of the rest of the regional headquarters, the branch office, except for the Busan regional headquarters, the Daegu regional headquarters and its affiliated branch office office office, and the headquarters COCO: Provided, That it is affiliated with CI group (hereinafter “CI group”) (as shown in the attached Table 3-18, No. 4 related to the attached Table 3-18, and the attached Table 4), other regional headquarters, the branch office, and the public corporation other than the public corporation directly promoted under CI group, and thus there was no relationship between the received and the previous official duties.

There is a separate crime for each construction project under several contracts, but the entire act of giving and receiving money does not constitute a single crime.

No collection shall be made because the number of persons who are recognized as related to the duties is not specified.

2) The sentence of the lower court’s unfair sentencing (a punishment of 7 years of imprisonment and fine of 250 million won, additional collection of 243,806,00 won).

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