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(영문) 전주지방법원 정읍지원 2018.03.27 2017고단292
변호사법위반
Text

The punishment of the accused shall be set forth in six months.

7,288,259 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is a person who enters the territory of the military court in the territory of the Ministry of Home Affairs to which he belongs.

On February 2, 2016, the Defendant was awarded a contract for H construction work, which is a government-funded construction work performed by the Cheongan-gun Office, from G substantially operating a corporation F, at an influent place located in the lower court located in the lower court of North Korea on February 2, 2016. The Defendant want to receive a subcontract at home.

Upon receipt of a request from G to the purport that the public official of the Ministry of Home Affairs who may exercise influence to I will be selected as a subcontractor, and that "to request the public official in charge of the work to provide convenience that construction works may be performed smoothly even after the subcontract is selected as a subcontractor." It is well known that G is a public official in charge of the work while living as an official in the office of the Ministry of Home Affairs and in charge of the work.

D) The public officials in charge were able to receive a subcontract for the construction and to provide convenience to the public officials in charge after being awarded the subcontract, and the car to be used in return for the solicitation was leased to the public officials in charge.

Accordingly, on April 2016, the Defendant: (a) received one set of J-F car from the J-F Capital Capital Co., Ltd. to October 2016 in the name of F and acquired profits equivalent to KRW 7,288,259 in total of insurance premiums and lease fees from around October 2016, under the pretext of solicitation to the public officials of the military administration inside the same division; and (b) received a payment from the J-F Capital Capital Co., Ltd. to the J-F Capital in the name of F and acquired profits equivalent to KRW 7,28,259.

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

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement of the witness K or L in the second public trial protocol;

1. Each prosecutor's statement concerning M and N;

1. Each police statement onO, P, Q and R;

1. Application of relevant Acts and subordinate statutes, such as the vehicle registration ledger, medical insurance contract inquiry, insurance premium payment certificate, etc., and inquiry report on the results of transfer;

1. Relevant Article of the Act concerning facts constituting an offense, Article 111(1) of the Act as an attorney at the option of a punishment, and Article 111(1) of the Act as to the punishment;

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