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(영문) 울산지방법원 2018.10.11 2018고정25
변호사법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 2,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

On April 3, 2015, the right to housing was transferred to Defendant B, the owner of the building in the development restriction zone located in Ulsan G, which newly built a building (65.5m2) in the site located in Ulsan Island, to KRW 230,000,00, and the Defendant A, at the request of the Defendant B, vicariously performed the work, such as “construction design and application for permission,” upon the request of the owner of the building.

1. No money, valuables, entertainment, or other benefits shall be received under the pretext of solicitation or arrangement with respect to cases or affairs handled by a public official who violates the law of defense of Defendant A;

Nevertheless, in front of the "I" landscaped office located in Ulsansan on October 16, 2015, the Defendant cannot obtain a construction permit as a right derived from a building acquired after the recognition and public notice of the E business, which is located in the above C’s E business. Thus, the Defendant would have a public official in charge of the national land to obtain a construction permit.

It refers to 20,000,000 won was 20,000 won from the J in charge of the intermediary affairs for the transfer of interest coupons in the above C under the pretext of solicitation.

Accordingly, the defendant received money and valuables under the pretext of soliciting the affairs handled by the public officials.

2. No act of piling up a building, altering the purpose of use, setting up a structure, changing the form and quality of land, cutting down bamboo and trees, dividing land, or piling up a thing in a zone subject to the restriction on development of violation of the Act on Special Measures for the Designation and Management of Areas subject to the Restriction on Development of and Management of Defendant B shall be prohibited: Provided, That an act of moving up a house, factory, or religious facility which had existed at the time of designation of a restricted zone and which cannot be set up as a village district, among buildings to be removed by the implementation of public works under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, to an area other than a village district

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