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(영문) 서울남부지방법원 2013.04.26 2013고합32
변호사법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B is a representative director of Eunpyeong-gu Seoul Metropolitan Government D, and Defendant A is a person who has served as an executive director of D.

On April 26, 2012, at the above D office, the Defendants were summoned from the victim E to the police due to suspicion of embezzlement of company funds as the representative director of FF, and received the request from the victim E for the first investigation so that it can be decided by suspicion, and the case should be examined well at the time of the investigation. The Defendants would not be disadvantaged at the stage of the police investigation by using the connection he has accumulated during the D representative office. The Defendants stated that “The request for entertainment expenses and the retainers for the reduction of fines or for the imposition of fines is made.”

On April 30, 2012, the Defendants conspired and received money and valuables in the name of a national bank account (Account Number: H) in the name of Defendant A’s wife G, KRW 3 million on May 9, 2012, KRW 5 million on May 22, 2012, KRW 500,000 on May 31, 2012, KRW 18 million on May 31, 2012, and KRW 3 million on June 11, 2012, and received money and valuables in the name of a public official to make a solicitation or arrange for the affairs of the case.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on prosecutor's statement to E;

1. Relevant provisions of the Acts concerning facts constituting an offense and Article 111(1) of the Attorney-at-Law Act who has selected a sentence (generally, choice of imprisonment);

2. Article 62 (1) of the Criminal Act of the suspended execution;

3. Defendant B: Reasons for sentencing after the latter part of Article 116 of the Attorney-at-Law Act.

1. Imprisonment with prison labor for not more than five years each of the applicable sentences;

2. Defendant A: Defendant B, who was sentenced to the suspended sentence for 2 years in the month of the suspended sentence for 6 months of imprisonment, received money and valuables from the Defendants for 2 years in the suspended sentence for solicitation of the duties handled by public officials. The Defendants’ above-mentioned criminal acts may undermine the trust in the enforcement of the law, and the amount of money and valuables received by the Defendants is disadvantageous to the Defendants.

However, the defendants are the defendants.

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