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(영문) 대전지방법원 천안지원 2015.04.28 2015고단14
변호사법위반등
Text

A defendant shall be punished by imprisonment for six months.

10 million won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

With respect to the Defendant’s extraction of scrobl-type trees from the forest land owned by G in the F in the Y of the Yananancheon-si, the Defendant was willing to receive money from the public official in charge in order to obtain permission from the Yannam-gu Office in the Yancheon-gu, Seoul, despite the absence of intent or ability to make a solicitation.

Around October 2013, the Defendant made a false statement to the public official in charge of permission to obtain permission for 1,000 shares from the forest owned by C and E in order to obtain from C and E the above G forest.

On November 5, 2013, the Defendant received KRW 10 million from the victim E to the account in the name of the Defendant’s I used for a solicitation to mine up forests.

Accordingly, the Defendant received money and valuables under the pretext that the public official in charge of the forest handles the permission to excavate the forest as well as receiving property by deceiving the victim as above.

Summary of Evidence

1. Partial statement of witness E;

1. Each prosecutor's interrogation protocol concerning E;

1. Statement by the prosecution against C;

1. A copy of account transactions;

1. The current status of the astronomical K transfer system, and the details of revenue and expenditure;

1. Application of Acts and subordinate statutes to a report on investigation (Lphone statement hearing);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense (a point of fraud), Article 111 subparagraph 1 of the Attorney-at-Law Act (a point of receiving money and valuables on the pretext of solicitation);

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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