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(영문) 부산지방법원 2013.05.10 2013고단55
변호사법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On October 201, the Defendant knew that E is under investigation by an investigative agency, and tried to receive money and valuables under the pretext of impairing the solicitation of the case to an investigative prosecutor, etc. through the ship serving as the head of the NIS's place of origin.

1. Around October 18, 201, the Defendant received KRW 10 million from the above E, namely, from the said E, received KRW 10 million under the pretext of teaching expenses, etc., from the said E, to E in order to make it available to the competent court only for embezzlement among the crimes of fraud being investigated by the Gwangju District Office through the line serving as the chief of the department of the State Armed Forces, and the two crimes of embezzlement.

As a result, the defendant received money and valuables under the pretext of soliciting the cases handled by public officials.

2. On December 9, 201, the Defendant received KRW 5 million from the Songpa-gu Seoul F Burial, “Aponym to the investigation prosecutor by means of force through a ship operator who works as the head of the National Institute of Home Affairs because he/she may be detained in a case being investigated by the Hanam Police Station,” and received five million won from the tin.

As a result, the defendant received money and valuables under the pretext of soliciting the cases handled by public officials.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the accused by the prosecution (including E statements);

1. The prosecutor's statement concerning G;

1. Application of each police protocol of statement to E;

1. Article 111 (1) of the Attorney-at-Law Act and the choice of punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Considering all circumstances, such as confession, reflectivity, and the absence of the same kind of criminal record);

1. It is so decided as per Disposition by the reason of Article 116 or more of the Attorney-at-Law Act;

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