209 Highest 5188 Fraudulent

209 early 4252 Application for a compensation order

Kim A (55 years old, South)

Freeboard Kim

Attorney Full Human Rights (National Assembly)

JB

November 24, 2009

A defendant shall be punished by imprisonment for six months.

The defendant pays 10,000,000 won to the applicant for compensation by fraud. The above compensation order may be provisionally executed.

Facts of crime

1. On June 2, 2009, the Defendant: (a) at the Grand Office operated by the Dogdong-dong, Gwangju, Gwangju; and (b) on the same day, the Defendant did not have the intent or ability to obtain additional loans by raising the appraised value of the building owned by the victim; and (c) did not have the intent or ability to allow the victim to obtain additional loans; (d) the Defendant would allow the victim to obtain additional loans from the NAF by stating that “The NAF would be KRW 3.9 billion in the appraised value of the NA to allow additional loans in relation to the building in Ireland.” (e) On the same day, the Defendant was transferred KRW 10 million from the Defendant’s corporate bank as the head of the bank on the same day.

2. On June 26, 2009, the Defendant: (a) borrowed money from the victim C1 even if he/she borrowed money from the victim C1; (b) borrowed money from the victim; (c) borrowed money from the victim by telephone; (d) paid 30 million won to the victim; and (e) provided money from June 30, 2009 to receive a successful bid at an auction and disposed of 30 million won after eight (8) days from the successful bid; and (e) received money from the victim to the Defendant’s corporate bank on the same day, and received money from the victim as the Defendant’s corporate bank from the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to thisC1 and the B;

1. A copy of a certificate of cash borrowing, a copy of each passbook, a copy of statement of transactions by cash transfer and payment, a copy of a real estate register, or a copy of a notice;

1. Each complaint;

1. Application of Acts and subordinate statutes to each investigation report (to hear statements from reference witnesses Kim C2, and details of business bank accounts);

1. Article applicable to criminal facts;

Article 347(1) of the Criminal Act

1. Aggravation for concurrent crimes;

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

1. Orders for compensation and sentence of provisional execution;

Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings

Judges Han Han-Gyeong