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(영문) 서울남부지방법원 2013.11.08 2013고합315
변호사법위반등
Text

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

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

Reasons

Punishment of the crime

No one shall receive or promise to receive money, valuables, entertainment or other benefits under the pretext of making a request or arrangement with respect to cases or affairs handled by a public official.

Nevertheless, around October 15, 2012, the Defendant received KRW 1 million from C to the Agricultural Cooperative account opened in the name of the Defendant on the same day from C, and received KRW 5 million in total five times from November 1, 2012 to November 1, 2012, in total, five million from five times, as shown in the attached Table 1 of Crimes List, by requesting public officials of the Immigration Office to change the visa for visiting employment for five years at the request of a public official of the Immigration Office to a visa (H2) who is capable of extending the period of five years.

Ultimately, the Defendant received money and valuables under the pretext of soliciting the affairs handled by public officials as above.

On February 8, 2012, the Defendant stated that “If she wishes to continue to engage in any activity in Korea, she must obtain Korean nationality.” The Defendant stated that “in the vicinity of Suwon-si, Suwon-si, Suwon-si, 2012, the Victim D would first change KRW 1 million out of KRW 3 million necessary expenses to ensure the acquisition of permanent residence.”

However, the defendant did not have any intention or ability to obtain permanent residence from the above victim.

As above, the Defendant, by deceiving the said victim, received KRW 1 million from the said victim to the passbook in the name of the said victim on the same day, and received the total amount of KRW 5 million from the victims four times until March 26, 2012, as shown in the attached Table 2 of Crimes List 2.

Summary of Evidence

"2013 Gohap315"

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Domestic investigation report, account deposit data, and victim registration certificate;

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