2014 Highly 667 Misappropriation

A

Kim Sung (prosecution, public trial)

Law Firm B, Attorney C

January 30, 2015

A person shall be punished by imprisonment with prison labor for not less than four months and by imprisonment with prison labor for not more than ten months for the crimes of No. 4 as stated in the judgment of the defendant.

14,000,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Criminal History Sportu Criminal Power

On September 10, 2010, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for the crime of taking property in breach of trust at the Busan District Court, and the judgment became final and conclusive on September 18, 2010.)

The defendant is the head of the working group belonging to the Busan Coast Guard D branch, who is in charge of the management of members and the recruitment of new members, the head of a Ban, and recommendation for promotion.

1. Around April 5, 2008, the Defendant received an illegal solicitation from E, a member of the Busan Coast Guard D branch, for the promotion to the steering team, and received KRW 15 million in cash from the Defendant nearby the Busan Coast Guard.

2. On August 2009, the Defendant received an illegal solicitation from F, a member of the Busan Maritime Port Organization D branch, to promote him to the K, and accordingly, he was able to receive the illegal solicitation. In return, the Defendant was among Busan Maritime Transportation Daegu around that time.

It received 12 million won in cash at the coffee shop in the Dong, and received 2 million won in the same name at the above coffee restaurant near the coffee shop on August 2009.

3. On September 2009, the Defendant received the cash of KRW 25 million from J-gu I located in Busan Jung-gu around the time when he received an illegal solicitation from G, the head of Busan Port and Port D branch, for the promotion of He, who is a member of the union of the union of the union of the union of the union of the union of the union of the union of the union of the union of the union of the union of the union.

4. On December 2, 2013, the Defendant received an illegal solicitation from K, which is the promotion of the Busan Coast Guard D branch, to the head of the Ban and received cash worth KRW 60 million in return for the illegal solicitation. On December 26, 2013, the Defendant, who was in charge of the affairs of Busan Coast Guard, received property worth KRW 14 million in total on four occasions in return for an illegal solicitation. As such, the Defendant acquired property of KRW 14 million in return for an illegal solicitation in relation to his duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of statement concerning L, G, H, M, F, and E;

1. N statements;

1. A letter of confirmation (K) or recording;

1. A report on investigation (the sequence 20 of evidence list);

1. Previous convictions: Criminal records, investigation reports (Evidence No. 21) and judgment;

Application of Statutes

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

Article 357(1) of each Criminal Code (in all cases, paragraph (2) of the market shall be deemed to be imprisonment)

1. Handling concurrent crimes;

The latter part of Article 37 and the first part of Article 39(1) of the Criminal Act (the crime of taking property in breach of trust under paragraphs (1) through (3) and the crime of taking property in breach of trust which became final and conclusive)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (trades of the crimes of taking property in breach of trust under paragraphs (1) through (3) at the time of sale, and penalty for concurrent crimes of taking property in breach of trust under paragraph (3) of the same Article)

1. Additional collection:

The latter part of Article 357(3) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act provides that each of the crimes of this case on the grounds of sentencing of Article 334(1) is to receive a total of KRW 14 million from four persons in exchange for unlawful solicitation of promotion from April 2008 to December 2013, by abusing the status that the Defendant, as the head of the Busan Coast Guard Working Group, can exercise the authority to manage union members, employ new union members, and recommend the head of the Ban and promotion of the Ban. Until April 2008 to December 2013, the Busan Coast Guard received a total of KRW 14 million. Until now, there have been a number of cases where the officer of the Trade Union was subject to criminal punishment due to employment corruption cases, and in particular, even if the Defendant was sentenced to suspended sentence for a crime of this case with similar facts in around 2010, there is a high possibility of criticism in that it was likely that the Defendant had already been sentenced to suspended sentence for the crime of this case on the grounds that he had already been engaged in the practice of Busan Coast.

However, the facts of each of the crimes of this case are all led to the crime of this case, not by the defendant's request for provision of money, but by the request for promotion, etc. from the surrounding persons, which led to the crime of this case, and all of the money received from E, F, and G were returned to the interested persons. Considering the fact that the amount of KRW 40 million received from K prior to the commencement of investigation was returned to the interested persons. Considering the circumstances favorable to the defendant, the crime of taking property in breach of trust of each of the crimes of paragraphs 1 through 3 of this case should be considered concurrently with the crime of taking property in breach of trust of which judgment became final and conclusive, the punishment shall be determined as ordered in consideration of various sentencing conditions shown in the arguments of this case, such as the defendant's age, character, character, environment, health condition, motive for the crime, and circumstances after the crime.

Judge of the presiding judge;

Judges Park Jong-chul

Judges Shin Dong-dong