2015 High Doz. 157 Misappropriation

1. Kim (1) (1) (55 years old, south) and the Chairperson (the Gyeonggi-do Association of Persons with Disabilities).

Accommodation-si

Jeonbukan District in the place of registration;

2. New B (62 years old, remaining) and the Chairperson (the physical welfare center of Seoul Metropolitan Government).

Residential Suwon City

Seoul Gwanak-gu

J. P. P.D. (Court of Second Instance)

Attorney Lee Dong-soo (Ap. for defendant Kim One)

Attorney Yoon Young-young (Law Firm Shin, Attorneys Shin Young-soo et al., Counsel for defendant Shin B)

May 15, 2015

Defendant 1 Kim I shall be punished by a fine of KRW 1,00,000,000, and a fine of KRW 7,000,000,00.

by attracting persons in a workhouse.

Defendant 1’s collection of KRW 15 million from Defendant Kim ② and KRW 10 million from Defendant New ②, respectively.

(c)

To order the Defendants to pay an amount equivalent to the above fine and the additional collection charge.

Criminal Facts

Defendant 1 from December 1, 201 to December 1, 201, Defendant 1 works for the president of the Korea Association for Persons with Disabilities (hereinafter referred to as the “Korea Association for Persons with Disabilities”) of the Gyeonggi-do Association for Persons with Disabilities (hereinafter referred to as the “Korea Association for Persons with Disabilities”), which is an incorporated association, and has the authority to manage and supervise the branches of Sis/Guns under the Gyeonggi-do Association for Persons with Disabilities, and to appoint the branches with approval from the Korea Association for Persons with Disabilities.

Defendant New ② is a person who had been engaged in practical affairs, such as accepting a letter of support on the recommendation of the president of the branch of the Gyeonggi-do Association and recommending applicants among them, while attending from December 1, 201 to February 9, 201 to the director of the organization of the Gyeonggi-do Association from February 1, 201, by assisting Kim ① to manage the branch of the Association of Gyeonggi-do Association.

1. Defendant Kim ①

Defendant 1: around 00, at around 11 November 3, 2013: (a) in exchange for an illegal solicitation to request the appointment of 10 million won in cash from the commercial parking lot located in ○ apartment complex to the branch of the Gyeonggi-do Association under the Gyeonggi-do Association; and (b) on November 8, 2013: around 00, he received five million won in cash from the commercial parking lot located in ○ apartment complex in ○ apartment complex and received five million won in total on two occasions.

As a result, Defendant Kim ① received property in exchange for an illegal solicitation with regard to the appointment of the branch president.

2. Defendant New ②

On November 2013, Defendant New ② received an illegal solicitation from the Director of the Business Department of the Gyeonggi-do Association, the Director of the Department of the Association of Gyeonggi-do, to recommend the branch as the branch head of the △△△△△ branch, in order to request Kim One to recommend the branch head of the △△ branch, and accordingly, he recommended Kim One to recommend the place as the branch head of the △ branch.

After that, Defendant B was issued KRW 10 million in the new bank account in the name of Defendant B (Account Number:******************) from the mother of the ordinary place on January 29, 2014 to the new bank account in the name of Defendant B.

As a result, Defendant B obtained property in return for an illegal solicitation with respect to the appointment of the branch president.

Summary of Evidence

Defendant 1 (hereinafter referred to as Defendant 1)

1. Defendant 1’s legal statement

1. Each police suspect interrogation protocol regarding △△;

1. Statement of each police statement on gambling, illumination, and Lee Jong-chul;

1. Records of seizure, lists of seizure, and photographs of seized articles;

1. Details of bankbooks, etc.;

1. A certified copy of the resident registration of this Dol-gu, this Dol-si (Seongnam-si Association), this Dol-si (Seongyang-si Association);

1. A report on internal investigation (the sequence 10 of the evidence list);

1. A report on investigation (the sequence 35 of evidence lists);

Defendant B. As to Defendant B

1. Defendant’s new B’s legal statement

1. Examination of suspect suspect regarding the same relation, and investigation of suspect about Article by the prosecution;

1. Statement of each police statement about gambling and tide;

1. Data on sending back the account related to the case;

1. A report on internal investigation (the sequence 10 of the evidence list);

1. A report on investigation (the sequence 35 of evidence lists);

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 357 (1) (i) of each Criminal Code shall cover the defendant Kim(s)(i) to select each fine.

1. Invitation of a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Additional collection:

Article 357 (3) of the Criminal Code

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on Defendant B B and Defense Counsel’s argument

1. Summary of the assertion

The defendant's act upon the request of the head of the Gyeonggi-do Association to recommend as the head of the branch of the Gyeonggi-do Association is not an illegal solicitation because it constitutes the normal business scope of the defendant who is the director of the organization of the Gyeonggi-do Association.

2. Determination

The following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the defendant was in charge of the duties to be recommended by the head of the organization bureau of the Gyeonggi-do Association at the time of the crime of this case as the head of the organization bureau of the Gyeonggi-do Association, and was in charge of the duties to be recommended by the head of the branch office of the Gyeonggi-do Association, which is the person with authority to recommend the head of the branch office of this case, and ② even based on the defendant’s statement, it was difficult for the defendant to become the head of the Gyeonggi-do Association Do Association Do Association Do Do Do Do Do Do Do Do Do si in normal ways because one year has not passed since he became the physically disabled at the time of this case, ③ by the defendant’s recommendation, the head of the Do Do Do Kim 1 was recommended as the head of the

In light of the fact that the Defendant was appointed as the president of the branch of the Gyeonggi-do Association, and the Defendant received the acceptance from the investigative agency due to the instant crime, the Defendant’s assertion by the Defendant and the defense counsel is not accepted, since the Defendant and the defense counsel’s request for recommendation of the branch of the Gyeonggi-do Association as the president of the branch of the Association in the light of the fact that: (a) the mother of the place where the Defendant paid the money, and the pre-conscepted 10 million won, or that the pre-conscepted 10 million won, were stated in the investigation agency; and (b) the place was so advanced.

Reasons for sentencing

1. The scope of punishment by a fine: Not exceeding 10 million won in each case;

2. Determination of sentence;

A. Common reasons for sentencing

Although Defendants, as the president or director of the Gyeonggi-do Association of Persons with Disabilities or the head of the organization bureau of the Association of Persons with Disabilities, perform their duties fairly in order to promote the rights and interests of persons with disabilities, they are not good enough to commit such crimes as receiving illegal solicitation in relation to the recommendation of the head of Si/Gun branch president, Defendant Kim ① 15 million won, Defendant New ② 10 million won, Defendant New ② 10 million won, and the Defendants recommended this as the head of the Gyeonggi-do Association's branch president in accordance with the illegal solicitation.

B. Grounds for sentencing by Defendant

1) Defendant Kim ①: Fines 1 and 0 million won

The same sentence as the order shall be determined in consideration of all the sentencing conditions as shown in the arguments of this case, including the fact that the defendant confessions the crime of this case and reflects the fact that the defendant returned the money that the defendant received prior to the commencement of the investigation, that the defendant has no record of criminal punishment, that many members of the Gyeonggi-do Association of the Bridges are in the front of the defendant, and that many of the members of the Korean Association of the Bridges are in the front of the defendant.

2) Defendant New B: A fine of KRW 7 million

The facts of this case are generally recognized by the defendant and they are against the fact that the defendant committed such act, return the money that the defendant received prior to the commencement of the investigation, the defendant has no record of punishment for the same kind of crime, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, environment, etc., shall be determined by the same sentence as the order.

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

For judges of the presiding judge;

Judges Hwang Sung-sung

Judge Lee Dong-dong