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(영문) 광주지방법원 2012.02.16 2011고단2658
변호사법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

10,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Since 2002, the defendant has been in office as the head of the Gun, and is the E who exercises the personnel rights of the public officials of the Gun.

At around 11:00 on September 16, 2006, the Defendant stated that “The Defendant would help the Defendant make a special employment by soliciting E, who is the husband of a drinking water box with cash KRW 10 million, in response to the request from G University Early Childhood Education and Hado Office in the Hado-gun Office in the Hado-gun Office in Gwangju North-gu, Gwangju, where the Defendant is a professor, along with the request from G University’s Early Childhood Education and Hado-gun Office in the latter half of the year that “I have a special employment in technical position in the latter half of the year, and I will help do so by soliciting E, who is the husband of the drinking water box containing KRW 10 million.”

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

Summary of Evidence

1. Each legal statement of a witness I, J and K;

1. A statement of L bank account transactions;

1. Determination as to the defendant's assertion of the investigation report (Evidence Nos 3, 7, 11 of the evidence list)

1. The defendant presented I only one time through the introduction of MM professor, and argued that I would not meet I again or that there is no money to receive it. In the case of bribery, where the defendant selected as the consignee denies the fact of bribery and there is no evidence such as objective data to support it, the statement made by the lender and the sender must be admissible as evidence, and there is credibility to exclude a reasonable doubt. In determining whether the credibility exists, not only the rationality, objective reasonableness, consistency in the contents of the statement itself, but also his human nature, and whether there is an interest in the statement should also be examined.

(See Supreme Court Decision 2007Do3798 delivered on July 27, 2007). (See Supreme Court Decision 2007Do3798 delivered on July 27, 2007) The following circumstances may be acknowledged according to the health stand, the evidence adopted and examined by this Court.

The consistency and accuracy of I's statements shall be the investigation agency.

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