2014Gohap218 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment

○○ Kim (1966years) and operation of fishery partnership corporations

Red tin (prosecution, public trial)

Attorney Lee In-bok

April 16, 2015

A defendant shall be punished by imprisonment for two years.

25,000,000 won shall be additionally collected from the defendant.

Criminal facts

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On April 2007, the Defendant sent out to the special election for the local constituency of ○○-si, Seopo-si, Seopo-si, 2007, and won the 8th local constituency of Jeju-do. Around June 2010, the Defendant was elected to the 9th local council members of Jeju-do and was in office as the chairperson of the Jeju-do Provincial Council from December 201 to June 2012.

The defendant had the mind to accept money and valuables from the public officials in charge so that the representative director of the OOO farming association, who is on the top of the OOO farming association at Seogpo-si, can receive the support fund for the farming association corporation.

가. 피고인은 2010. 7. 14.경 서귀포시 표선면에 있는 "○○○호텔" 커피숍에서, 이○ ○에게 "내가 보조금 담당 공무원들에게 부탁하여 당신의 조합법인이 무세척기 및 건 조시설 지원사업 보조금을 받게 해 주겠다."고 말하여 이○○로부터 그 시경 4,000만 원, 2010. 8. 25.경 피고인의 지인인 고①0 명의의 농협계좌(903080-52-07XXXX) 로 8,500만 원 합계 1억 2,500만 원을 수수하였다.

B. On January 31, 2011, the Defendant received KRW 100,00 from this △○, a child of this ○, at the Defendant’s office located in the Jeju Provincial Council Council hall located in the Jeju-do Council Council of Jeju, by requesting the public officials in charge of the subsidies to receive distribution facilities and equipment support, such as low temperature storage facilities.” On January 31, 201, the Defendant received KRW 100,000 from this △○, a check from the Defendant’s office located in the Jeju Council of Provincial Council.

As a result, the defendant received a total of KRW 225 million over two times on the intermediation of matters belonging to public officials' duties.

2. Violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment.

The Defendant received money from an account in the name of a third party for the purpose of pretending the facts concerning the acquisition of illegal profits acquired through the commission and taking-off as described in paragraph (1) and intended to make it considerably difficult to specify, track, or detect a specific fund for illegal profits. On August 25, 2010, the Defendant received KRW 85 million out of the amount of brokerage and taking-off from ○○○○, as described in paragraph (1), received money from ○○, and concealed the criminal proceeds equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. A protocol of each prosecutorial statement concerning ○○, △○, △○, and Cho Jong-○;

1. A stamp report, an investigation report (Attachment of an internal investigation officer related to ○○○○○○), communications data (laver ○○○, and objection);

○) An investigation report (in relation to ○○ Agricultural Partnership’s subsidy business), an investigation report (Recording)

Records Analysis), investigation report (in the name of ○○ Agricultural Partnership attached to account transactions) and investigation report.

(Attachment of Account Transactions in the name of ○○). Investigation Report (Verification of Account Transactions, such as Da○○). Family members

Certificate, etc. (OOO), investigation report (for the check user's ○○), investigation report (suspect Kim)

○ ○ Report on Confirmation of Suspected Account), Investigation Report (Attachment of Documents Related to Subsidies); Investigation

Report (a copy of the ○○○○’s multiple copies seized), investigation report (a copy of the seized file file);

The details of account transactions of community credit cooperatives, investigation reports (to hear the testimony of a witness, and the offender of the community credit cooperatives;

In doing so, an investigation report (around January 31, 201, confirmation of the details of use of 50 million won between OO and OO on January 31, 201), and an investigation report.

Macs (verifications of 225 million won received by the suspect)

1. An investigation report (in addition to a full certificate, etc. of the registered matters of ○○ Agricultural Association), an investigation report (in ○○ Fisheries);

The full certificate, etc. of the matters to be registered by the fishery partnership corporation), investigation report, etc.

Voluntary Submission, investigation report (the analysis of storage files of external covers submitted by this △△, and △△;

Statement hearing), request for cooperation in investigation (request for issuance of family relation certificates, etc.), report on recording and report on investigation.

-written (the result of account tracking), investigation report (the confirmation of the use of suspect Kim ○ Check as a result of account tracking);

An investigation report (as to the money received by a suspect around 2010), an investigation report (as to the ○○ Agricultural Partnership), and an investigation report (as to ○○ Agricultural Partnership

‘Plan on Assistance in Distribution of Agricultural Products in 201' secured at the time of seizure and search shall be accompanied by an official document

(C)an investigation report (the details of transactions in high-○ account and Kim ○○’s pre-use slips, and the tracking of additional accounts;

ii)an investigation report (along-○ and a high ○○○’s account transaction details and storage CDs, etc.); an investigation report;

Magman (as to the place of use of the money sent to the account of Mag○○) and each accompanying material

Application of Statutes

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

Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of good offices and appointment of imprisonment), criminal proceeds

Article 3 (1) 1 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds and Imprisonment with prison labor

Selection)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Crimes of Criminal Proceeds Concealment Who is the most serious offense) of the Criminal Act

Aggravation of concurrent crimes in violation of the Regulation and Punishment, etc. Act

1. Additional collection:

The latter part of Article 13 and Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes

Reasons for sentencing

1. The scope of punishment by sentence: Imprisonment for not more than five years;

2. Determination of sentence: Imprisonment with prison labor for not less than two years and six months;

In this case without the application of the sentencing guidelines, the Defendant appears to have a strong attitude of reflection, such as recognizing the crime in this Court and depositing the additionally collected amount of KRW 225 million. The Defendant has no record of crime beyond the fine so far. The Defendant has been operating a fish farm for a long time, has contributed to the development of the community while working as a Council member for about seven years, and has contributed to the development of the community, and has to support wife and three children.

However, the crime of this case itself seriously damages the fairness in performing duties of public officials and the trust of the general society. The total amount of money and valuables received by the Defendant or profits exceeds 200 million won, etc. In the early investigation period, the Defendant stated that he was merely paid the principal of the political after the investigation period. However, the Defendant stated that it was difficult to resolve the civil petition as a political person. However, some of the Defendant received a half of the subsidies from another person’s account, and it is difficult to regard it as an incidental day in the process of solving the civil petition. Furthermore, as the Defendant said that he would not pay money and valuables to public officials in the name of brokerage to the other party, it is extremely poor in quality of the crime. The Defendant was able to receive a new subsidy from the Jeju Provincial Council’s 8 to 9 members of the Special Committee on Budget and Accounts, and the Defendant was able to receive a new subsidy from 100 million won to 200 million members of the Seoul Special Self-Governing Province’s office from June 2010.

The above is favorable or unfavorable to the defendant, and the court determined the defendant's punishment by taking into account all the sentencing conditions and the existing level of punishment for similar cases in the trial process of this case.

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

(Presiding Judge)

Manyman;

Jinsia