2012 Highest 1531,2440 (combined) Fraud

○○, Department of Air Traffic Management

Residence Kim Jong-si 00 pages 00

Reference domicile Busan Jin-gu 0 Dong

Blucoptains, abnormal (prosecutions), Kim Jong-kin (public trial)

Attorneys Seo Jae-ok (Korean National Assembly)

June 21, 2012

A defendant shall be punished by imprisonment for not more than ten months.

Criminal facts

Defendant 199 is a person who works to fix containers at the injured port trade union's port business branch from around 199.

2012 Highest 1531

1. Around December 30, 2009, at a place where a location below Busan is unknown, the Defendant stated that “the head of the port and port union is well known, and the amount of KRW 22 million is 22 million, I would like to get the victim to be employed in the port and port union.” However, even if the victim received money from the victim, the Defendant did not have the intention or ability to get the victim to find employment in the port and port union.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the ○ bank account (○○○○) in the name of the Defendant, KRW 22 million in total, including KRW 20 million on December 30, 2009 and KRW 20 million on February 24, 2010.

2. Around May 17, 2010, at a place where a location below Busan is unknown, the Defendant told the victim Ansan-○ to the effect that “the victim is well aware of the head of the port transportation union branch, and 22 million won is going to be employed in the port transportation union.” However, even if the victim receives money from the victim, the Defendant did not have the intent or ability to find the victim as an employee of the port transportation union.

The Defendant, as such, by deceiving the victim, was transferred from the victim to the Obank account (00-00-0000) in the name of the Defendant at the seat of 22 million won.

"2012 Highest 2440"

3. On February 201, 201, the Defendant told the victim at the “○○ ○○ ○○○○○○○○○○○○○○○○○○○○○, located in the Southern-gu, Busan-gu, Busan-do, to find employment by having a high-level employee in the port office.” However, even if the victim received money from the victim, the victim did not have an intention or ability to find employment of the victim’s children in the Busan-do Maritime Port Office.

As such, the Defendant, by deceiving the victim, received KRW 20 million from the victim on February 22, 201, KRW 7 million from the victim, KRW 5 million on February 24, 201, KRW 200 million on March 2, 201, and KRW 6 million on March 25, 2011, and acquired it through the Defendant’s account under the name of the Defendant.

Summary of Evidence

【Facts 1 and 2 at the Time of Sales】

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to the police officer of ○○;

1. An investigation required for employment fraud, details of deposits, written confirmation on deposits without passbook, and power of attorney;

【Fact 3 at the Time of Sales】

1. Defendant's legal statement;

1. The police statement concerning Kim 00;

1. A copy of remittance details, a copy of a note of a suspectO bank account, a copy of a passbook safe of 00, and a copy of a passbook of anO bank;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act; Selection of imprisonment

1. Aggravation for concurrent crimes;

The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is that the defendant, who did not have any authority to make any decision on personnel affairs as the field seal of the port business branch of the Busan Port Trade Union, committed the act as if he had such authority, and received a total of 64 million won from the victims, and the liability for the crime is not less complicated, and there is a need to strictly punish the defendant in that it is necessary to cut off connection to the personnel management office in our society and restore trust: Provided, That there is no criminal power against the defendant, the defendant has no power to commit any crime, and the punishment is determined as ordered by the disposition, taking into account various sentencing conditions such as health conditions (class 5 of spine disability), age, character and conduct, family relations, and circumstances after the crime.

Judge Lee Jae-Un,