1. Violation of the Act on the Control of Narcotics, etc. ( natives)

208 Highest 2895 (Consolidation) (b) No appeal

(c) A criminal escape;

1. A. B. D. Da. Kim-○

2. A. B. Kim ○-○

nan

1. Law firm;

2. A lawyer;

July 17, 2008

Defendant ○○○ is punished by imprisonment with prison labor for ten years and by imprisonment for three years.

The number of detention days prior to the issuance of this judgment shall be 177 days, including each sentence, to the Defendants.

Seized evidence No. 1 shall be confiscated from Defendant Kim○-○.

The amount of KRW 53,00 from Defendant ○○○○, KRW 53,00,00 shall be collected respectively from Defendant Kim○○, and KRW 33,00 shall be collected from Defendant Kim○○.

Facts of crime

[Judgment of the court below]

Defendant ○○ was sentenced to two years in Seoul High Court on May 25, 2004 to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. and completed the execution of the sentence in Gwangju prison on April 20, 2005.

[208 Highest 308]

1. All of the opening records ( de facto opening records);

Defendants are not authorized to handle narcotics.

Defendant ○○ Kim, Inc., was owned by the above clan from August 13, 1990 by ○○ clan on August 13, 199.

Around 165,00 square meters ( around 50,000 square meters) leased ○○ Park site, and the above ○○ Park project implementer status was also transferred along with the above ○○ Park project implementer status. Defendant Kim○-○, a Dong living together with Defendant Kim○, was carried out the said park project on October 31, 1991, together with the above Kim○-○.

After that, Defendant Kim○-○ and the above Kim○-○ were all bound by the act of acquiring money from the sellers of commercial buildings, etc. as investment money, while operating the above ○○ Park, and leased money to the same clan.

Since the suspension of business around 1999, the status of the business has been continued until now since the business was interrupted because it was impossible to pay the fee, which was terminated by the clan on June 200, and the business was not run properly.

Defendant ○○○ et al., who moved to play facilities in the above ○○ Park from her own, and from 1998 to 198, on the ground of Defendant ○○○○’s failure to make a sub-lease agreement, conflict began and the conflict began and on September 30, 2005, Defendant ○○ et al., who was sentenced by the Seoul Central District Court to pay approximately KRW 2.8 billion to the above ○○○○○○○ on the ground that a number of proposals were under investigation or under trial between the above ○○○○ and the above ○○○○○○○ on the ground of the Defendant’s failure to make a sub-lease agreement.

In addition, since 2006, the Defendants had contacted the third party business, such as the construction implementer who had taken over the above ○○ Park, sold the above site and the status of the project implementer, and attempted to withdraw profits. To this end, the cooperation of the above clan, which is the owner of the above site, was essential. However, the victim new ○○, who is the general secretary of the above clan, did not cooperate with the Defendants, and the Defendant Kim○-○ began to think that the above new ○○○ should remove the above new ○○○.

On February 9, 2007, Defendant Kim ○-○, who was a competent authority over the above ○ Park, from the Jung-gu Office, Jung-gu.

On February 25, 2007, at the general meeting of the above ○○ Park who was in possession, was notified of the cancellation of the status as the concessionaire, and on February 25, 2007, the above Kim○ attempted to replace the same clans similar to the above clans, executive officers, and general affairs, but, upon the birth, Defendant Kim○ had been in mind of moving to the execution of the above new ○○ removal work.

In addition, the defendants were tried in the appellate trial of the above lawsuit filed by the above ○○○○○, and the result of the judgment was anticipated to be disadvantageous to the defendants, and the above ○○○ filed a complaint with the defendant Kim○○ and the above ○○○○, and the above ○○ filed a complaint with the defendant Kim○○, which led to the defendant's use of the qualification and the exercise of the securities during the investigation in the Seoul Central District Prosecutors' Office, etc., leading to the defendant's need to remove the victim

Beginning.

2. The criminal conduct committed by Defendant Kim ○ and Ma○○

(a)an appeal;

On January 1, 2007, the Defendant, at the ○ coffee shop located in Gangnam-gu Seoul, had been living together in Seongdong-gu, and had known to ○○○○○, who was living together in Seongdong-gu (hereinafter referred to as “○○ Park”) and became a clan member always goes beyond the position of a clan member in the ○○ Park. When working with a drug, the Defendant would be able to deprive the general member at the ordinary meeting of the position. The Defendant would be able to take a full measure for the payment. The Defendant offered that “The ○○○ Park will take the position at the ordinary meeting,” and that the ○○ accepted that.

In addition, on February 2, 2007, the Defendant: (a) induced a manager to take care of the key to the general office of the Defendant; (b) entices him to take care of the key to the general office of the Defendant; and (c) franchisium franchising nese with the strong wind; (d) puts narcotics into the nese of the same product, such as franchise franchis; and (e) instructed the Defendant to take care of the key to the office of the victim’s new ○○○ on March 2, 2007, by inducing the above ○○○○○○○○ to take care of the key to the above ○○○○○○○○○○○○’s key in the office, which was known to the said franchise franchise, and then returned the key to the said ○○○○○’s key to the said franchise.

Three persons in distressed from the Defendant’s instruction did not indicate the part of the thalle ray in the front line with the Defendant’s order, and later created one stalopon containing opon in the front line. At the above new ○○ office around March 2007, three persons in distress with the above thalopon were replaced with one stalopon in the above office with a normal thalopon in the above office with a 1stalopon in the above office. In addition, ○○○○ Office did not know of this fact with a 12.3 galopon in the front line of the stalopon, 2007, which had the said 1stalopon for the purpose of ○○○ Office with a 10-day new one stalopon with a 1stalopon in the front line. The above ○○ Office did not know of this fact by having the said 10-day new 2stalopon in the above 200.

The Defendant sent KRW 500,000,000,000 on February 15, 2007, on April 6, 2007, and KRW 1 and million on May 3, 2007, from the national bank account in the name of Kim Jong-○’s father’s father’s father, to the national bank account in the name of the Defendant’s father-○, and paid KRW 10,000,000 on February 21, 2007. Accordingly, the Defendant conspired with the above double ○○, in collusion with the above double ○○.

(b) Violation of the Act on the Control of Narcotics, etc. (fence);

(1) On February 2, 2007, as described in the above paragraph A, the Defendant: (a) injected ○○ and the above person in secret name with a penphone into the office of the said new ○○○○; (b) instructed the said person to keep the pentphone at the office of the said new ○○○; and (c) executed the said ○○ and the above sexuallympied boxes around March 2007. The said ○○ ○ ○ was dice with a pentphone that contains a phiphone, the quantity of which cannot be known at the above office around March 2007. Accordingly, the Defendant administered the rophone in collusion with the above ○○ ○○ and the above ○ ○○ ○ ○ ○ ○ ○ ○ ○.

(2) At the same time, at the same place, as described in the above paragraph A., the above ○○ and the names in the name cards were put about about 12.3g of philophones in the book column of the above clan office. By doing so, the Defendant in collusion with the above ○○, etc., and carried the philophones.

3. The criminal conduct between the Defendants and ○○.

(a)an appeal;

On May 2007, the Defendants met the above ○○○○○○ in the Gangnam-gu Seoul IT shop. At the time, Defendant Kim○ introduced Defendant Kim○○ to the above ○○○○○, and Defendant Kim○○ was not the same as the instant ○○○○○○. Defendant Kim○ was the feb of the instant ○○○○○○, and the instant feasction of the instant feasction. Defendant Kim○ was the fecul, which continued to bring a lawsuit against us. As this, the instant feas has been left in a large lawsuit, the Defendants would be feasiblely treated this fasite. Defendant 4 and KRW 0 million was fastened with the work cost and success, and the above fascing ○○ was approved. After which the said Defendants informed the instant ○○○○○ victim of information about the mobile phone address, vehicle number, and other details.

Defendant ○○ Kim-○ around the beginning of June 2007: (a) put a philopon in the office of Defendant Kim○-○ in the above ○○ Park, where the quantity of which cannot be known, into the melting body; and (b) recommended the above ○○○○○ to drink it. Defendant Kim-○ made two so-called largephones around June 2007; and (c) given them to Defendant Kim○-○ and the above double ○○○○ to commit this case.

The purpose of this paper is to clarify the time and place of the promise, and to find out the time and place of the promise, the time and place of the promise to the victim ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ on July 2007.

Accordingly, on July 6, 2007, 2007, on which the ○○○○, a person related to the above Kim○ and another ○○ Park, was living at the victim’s ○○○○○○○○○, a person related to the above Kim○○ and another ○○○ Park: around 00: around 00, the victim’s ○○○○, who was parked at the above ○○○○○’s underground parking lot located in Gangnam-gu Seoul Metropolitan City, put approximately 36.8g of philopon into a body car on the operation of the victim’s ○○○○○○, which was parked at the above ○○○○○○○○, located in the middle-gu, Gangnam-gu. At around 17:00 of the next month, the above ○○○○ reported the driver to the above ○○○○○○’s criminal team, and made the driver’s statement to the effect that it changed to the above 7th floor.

As a result, the Defendants conspired with the above ○○○○○.

(b) Violation of the Act on the Control of Narcotics, etc. (fence);

(1) The Defendants, along with the above ○○○, enticed the above ○○ on June 2007, thereby drinking philophones.

Defendant Kim○-○, as described in the above paragraph A. Accordingly, around June 2007, in the office of the suspect Kim○-dong in Jung-gu Seoul, Jung-gu, Seoul, the Defendant left a philophone into a melting room and recommended the ○○○○○○, who was unaware of this fact. The above ○○, drank the above fluoron. Accordingly, the Defendants fluencing the fluoron in collusion with the above fluorial○○.

(2) The Defendants, as described in the above A. A., conspired with the above ○○○ vehicle, she was willing to drive a philopon. Accordingly, the above ○○○, as described in the above A., put about about 36.8 grams on the roon car of the above ○○○○ site parked in the above ○○ site underground parking lot around July 6, 2007.00. Accordingly, the Defendants carried a philopon in collusion with the above ○○○○.

[208 Highest 2895]

As above, Defendant ○○○ in collusion with Kim○, Ma○, and Ma○○, the office of ○○○, and the vehicle of ○○○○, put a philopon, and filed a false report to an investigation agency, thereby trying to see the said ○○ and Ma○○.

However, when the above City/Do failed all, and the above ○○○ reported it to the Incheon District Prosecutors’ Office on September 14, 2007, the criminal act committed the above crime, which provided the escape fund to the above ○○ who had been staying in Austria at that time, to the above ○, who was in his stay in Austria, was in mind difficult or impossible to discover and arrest the government constitution.

Defendant 1 sent money of KRW 1 million on November 20, 200 to the bank account in the name of Lee ○○ used by the said ○○○○○ in the name of his/her his/her father Kim ○○, where his/her father’s domicile is unknown on November 20, 2007, including remitting money of KRW 2 million on November 25, 2007; KRW 3 million on December 12, 2007; KRW 1.5 million on December 24, 2007; KRW 1 million on January 4, 2008; and KRW 1 million on January 15, 2008; and KRW 1 million on January 15, 2008.

As a result, Defendant Kim ○ had the offender escape.

Summary of Evidence

[Judgment of the court below]

1. Criminal records and investigation reports (the latest report on the confirmation of the date of release);

[208 Highest 308]

1. Defendants’ legal statement

1. A protocol concerning examination of suspect concerning ○○○○;

1. Statement of prosecutorial statement on ○○○, Ha○○, Ma○○, Ma○○, Ma○○, Kim○○, Gab○, Ma○, and Ma○○.

1. A copy of the protocol of prosecutorial statement concerning ○○;

1. A copy of the police statement concerning ○○○○;

1. Each police seizure protocol (part of a copy);

1. Investigation report (the report on the confirmation of ○○○○ and the informant on the same site, the report on the investigation, and the other party investigation into ○○○);

1. Investigation report (report on the current market price of Mesphere-paths);

[208 Highest 2895]

1. Defendant Kim ○-○’s legal statement

1. A protocol concerning examination of suspect to the prosecution with regard to ○○○;

1. Investigation report (the details of transfers made to the account in the name of ○○○ used by ○○○○○ by ○○○○);

Ministry)

Application of Statutes

1. Relevant Articles of criminal facts;

- Each accusation: Articles 156 and 30 of the Criminal Code

- The administration and possession of philophones: each of Article 60(1)3 and 4 of the Act on the Control of Narcotics, Etc.

Articles 2(1) and 2 subparag. 4(b) of the Criminal Act, Article 30 of the Criminal Act

- The escape of an offender (as to Defendant 1): Article 151(1) of the Criminal Act

1. Selection of penalty;

Imprisonment, respectively;

1. Aggravation for repeated crimes;

Defendant 1: Article 35 of the Criminal Act

1. Mitigation of confession (as to the crimes of false accusation in the holding);

Articles 157 and 153 of the Criminal Code

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38(1)2, and Article 50 (Defendant 1) of the Criminal Act

Within the scope of the proviso of Article 8

1. Inclusion of days of pre-trial detention;

Article 57 of the Criminal Code

1. Confiscation;

Defendant 1: The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

It is so decided as per Disposition for the above reasons.

Judges