logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.03.21 2012고단8812
변호사법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 30, 2012, the Defendant was sentenced to ten months of imprisonment for fraud at the Busan District Court on August 30, 2012, and the said judgment became final and conclusive on October 26, 2012.

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

On December 9, 2011, the Defendant told D to the job placement office located in Busan Jung-gu, Busan, that “I would create a patient suffering from defoliants by requesting F to work in the veterans' office.” On the same day, the Defendant received KRW 3 million for the purpose of street funds for public officials of the Ministry of Patriots and Veterans Affairs, and received additional KRW 1 million for the same reason as on March 19, 2012.

However, in fact, there is no person who has the name "F" in the E-gu and there was no kind of relationship with the Ministry of Patriots and Veterans Affairs.

Accordingly, the Defendant received money and valuables under the pretext of soliciting the registration affairs of patients suffering from actual aftereffects of defoliants, which are handled by the public officials of the Ministry of Patriots and Veterans Affairs, at the same time by deceiving the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses D in the second protocol of the trial;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A complaint filed for DNA preparation;

1. A copy of the loan certificate or passbook;

1. Investigation report (to hear the F statements of witnesses);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the attachment of a certified copy of a judgment and the certified fixed date of judgment);

1. Fraud of relevant law on criminal facts: Violation of Article 347 (1) of the Criminal Act: Article 111 (1) of the Attorney-at-Law Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (trade between fraud and fraud for which judgment becomes final and conclusive at the time of sale);

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The degree of damage of this case is the reason for sentencing the proviso of Article 116 of the Attorney-at-Law Act.

arrow