208 Violation of the Punishment of Violences, etc. Act (joint conflict)

1. Al (69 years old, South Korea);

2. A2 (Year 71, South Korea)

3. A3 (Lifet 75 Years, South Korea)

4. A4 (Attending for 80 Years, Women)

Kim Jong-mun

Law Firm Cheongn Law Firm, Attorneys Lee Jong-soo and Kim Jong-soo (Defendant A1, A3, and A4)

for purposes of private ships

Attorney Kim Jong-sik (A2, a private election for defendant A2)

November 18, 2008

Defendant A1, A2, and A3 shall be punished by a fine of KRW 5,000,00, and Defendant A4 by a fine of KRW 2,000,00, respectively.

In the event that the Defendants did not pay the above fine, the Defendants are confined in the workhouse by converting the amount of KRW 60,000 into one day.

Regarding Defendant A2, 53 days of detention prior to the pronouncement of this judgment shall be included in the period of custody in each of the above old prisons against Defendant A3, and 3 days against Defendant A4.

Criminal facts

On August 28, 2008, Defendant A1 was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Jung-gu District Court on July 28, 2008, and the judgment was finalized on October 17, 2008. Defendant A1, A2, A3, and E received money from Defendant A4, who was known to Defendant A1, after early July 2008, Defendant A4, while Defendant A1 borrowed money from Defendant A4 and did not repay the money, Defendant A4 and Defendant A4, the husband of the victim, was divingd with Vietnam with the victim’s her husband, who was the husband of the victim. Accordingly, Defendant A1 was asked to offer compensation if he received money as Vietnam.

1. Joint offenses committed by Defendant A1, A3, A4, E, and B;

At around 14:00 on July 18, 2008, the Defendants discovered the victim 51 and 2 his/her dependants in the area of the Simna City of Vietnam, and found Defendant A1, A3 and E enter the store to sound the body and door, and prevented the contact to bring the cellular phone and handbags possessed by the victim and his/her his/her dependants, and Defendant A3, A4 and the above E are supervised by the victim’s daughters on the first floor, and Defendant A1 got the victim into the second floor, and Defendant A1 was able to take the victim into the second floor, and “on the other hand, if he/she had the victim 30 million won of the escape by the day.”

Defendant A3 and E continued to watch the wife of the victim at the V1's house located in Pmide area, and Defendant A1 and Defendant A4 are 'A1' in the car page located in the same area, and Defendant A1 and A4 are 'A4.' Even in the case of a view with a maximum of KRW 150 million, Defendant A4 and B are called 'Won', and Defendant A4 and B were found at the victim's house, and Defendant A4 followed things that can become money, and Defendant A4 paid money to the victim even if they sold a long term.'

On July 19, 2008, the Defendants, in collaboration with E and B, deposited the victims, received from the victims drinking, on July 12, 2008, one male and female knifetotomtomtomtomtomtomtomtomtomtomtomtomtomtomtomtomtomtomtomtomtomtomtomtomtomtomtomtom to be KRW 35 million in a market price to be KRW 25 million in a market price, one female knifemtomtomtomtom to be KRW 20 million in a market price to be KRW 18 million in a market price, and transferred it to Defendant A1's account at KRW 16:00 on July 19, 200.

2. Defendant A1, A2, A3, A4, and E co-principals: (a) around 14:00 on July 20, 2008, Defendant A1, at the coffee shop located in the area of Franchi City of Vietnam, refer to the threat of victims to Defendant A2, A3, A4, and E to the victim’s V1 house; and (b) Defendant A2, A3, and A4, along with E, went to the victim’s V1 house around 15:0 on the same day.

Defendant A4 refers to why he will pay off money to the victim V1, and Defendant A2, A3 and E got off the cellular phone of the victim 51 and his his father so that they could not communicate with the victim, and Defendant A2 followed up the house, and Defendant A2 called “the victim 51 to set off money.” Defendant A2 called “the victim 51 to set off money.” Defendant A demanded money from the neighboring car page to “the victim 52 to turn off money.” Defendant A 1 puts heavy money to the victim 52.

As above, the Defendants 10,00 won in cash, US dollars 4,000, passport 5, doctor's license, seal, passbook, etc., which were located in a credit cooperative located in the victims' house by entering the victims into the ship and taking the keys of the credit cooperative from 52 victims frighted.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Defendant A1, A3, and A4: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act; Article 350(1) of the Criminal Act; Article 350(1) and Defendant A2: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act; Article 350(1) of the Criminal Act

1. Selection of kind of punishment;

Defendant A1, A3, and A4: Fines, and Defendant A2: Fines.

1. Handling concurrent crimes;

Defendant Al: latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Defendant A1, A3, and A4: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Defendants: Articles 70 and 69(2) of the Criminal Act

1. Inclusion of days of detention in detention;

Defendant A2, A3, and A4: Article 57 of the Criminal Act

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

Judges Park Jong-chul