209Gohap776A. Breach of trust

2010Gohap101(combined).

2010Gohap112(combined)(C)

2010 Gohap187 d. Violation of the Attorney-at-Law Act

(e) Fraud;

1. (a) (b) No. 59 years old, South

2. (a) . (e) Ga1 (62 years old, female);

3. (a) A. B. (49 years old, south)

4. (a) Yellow A3 (59 years old, female);

5. A. Kim A4 (52years, South)

6. (a) . (d) Austria5 (61st, South)

7. (a) regular A6 (51years, South)

In case of Kim

Law Firm LAWA, Attorneys Park Jong-young et al. (for defendant LA and Park1)

Law Firm Jeong, Attorney Lee Jae-soo (Defendant Lee & Lee, Counsel for the defendant-appellant)

Attorney Choi Han-hae, Lee Jae-chul, Law Firm Jeong-man, Counsel for Lee Jae-soo;

United Kingdom (for the defendant Orala5)

August 20, 2010

Defendant snow A shall be punished by imprisonment with prison labor for a period of three years and six months.

Defendant Park One shall be punished by imprisonment for each of the crimes listed in the annexed Table (II) (Omission), each of the crimes listed in the annexed Table (III), the crimes listed in the annexed Table (III) 1 through 11, the crimes listed in the annexed Table (IV), the crimes listed in the annexed Table (IV), the crimes listed in the annexed Table (IV) 1 and 2, the crimes listed in the annexed Table (V) 1 and 2, the crimes listed in the annexed Table (X) 1 through 9, the crimes listed in the annexed Table (III) 1 and 6 months, the crimes listed in the annexed Table (III) 3 and 4, the crimes listed in the annexed Table (V) 3 and 4, the crimes listed in the annexed Table (V) , the crimes listed in the annexed Table of Crimes (V) 10 through 12, and the crimes listed in the annexed Table of Crimes 20 million won, respectively.

Defendant LA2’s imprisonment with prison labor for eight months, ten months, and five million won, and five years, and two years, and five million won for Defendant LA6’s imprisonment with prison labor for Defendant LA2. In the event that each of the above fines is not paid by Defendant LA1, KimA4, and Party LA6, the same Defendants shall be confined in a workhouse for the period of converting 50,000 won into one day. The execution of the above imprisonment with prison labor for two years against Defendant LA1 and the execution of each of the above sentence against Defendant LA3 for two years against Defendant LA2, and YellowA5 for four years against Defendant LA5.

The amount of KRW 980,110,000,000,000,000 from Defendant Langu, KRW 55,77,00 from Defendant Langu, KRW 71,30,00 from Defendant Yellow3, KRW 1,00,00 from Defendant Kim 4, and KRW 69,00,00 from Defendant OA5 shall be collected respectively.

From May 207 to May 1, 2007, Defendant Ligu has been in charge of the management, recommendation and employment of union members, and promotion of union members while working as the head of the trade union branch. Defendant Ligu has been sentenced to two years of suspended execution of imprisonment in August at the Busan District Court on December 9, 2008 at the Busan District Court on December 17, 2008, and the above judgment became final and conclusive on August 31, 2009, by being sentenced to two years of suspended execution of imprisonment for fraud at the Busan District Court on April 8, 2009.

Defendant EA2, YellowA3, and KimA4 were assigned to each trade union to introduce those who wish to be employed by each trade union to the said Defendant LA and ParkA1.

1. The defendant's sole criminal conduct

(a) Property in breach of trust;

The defendant was willing to receive money and valuables from those who intend to work in a trade union as a remuneration for employment.

On February 27, 2008, the Defendant received, in return, a request from the Defendant’s home located in the Busan Young-gu, Busan, to the effect that he would be able to work in the labor union the son’s c1,00,000 won from the Defendant’s home, in return for this request.

As a result, the Defendant acquired money and valuables in exchange for illegal solicitation in relation to his duties.

In addition, from around that time to May 13, 2009, the Defendant received 5770,8100,000 won from 14 persons, such as Jeong, in the same manner as indicated in attached Table (I), in terms of employment consideration for trade unions, and acquired money and valuables in exchange for illegal solicitation as to duties.

(b) Forgery of evidence;

The Defendant received money from a labor union as stated in the above 1. A and received money from the Busan District Prosecutors' Office for the employment of the labor union, and the Defendant did not receive money from a labor union in the name of the labor union employment, but the Defendant’s wife Park 1 was willing to manipulate the Defendant’s money from

On March 30, 2009, the Defendant demanded on March 30, 2009, the head of the Defendant’s house in the Busan Young-gu, Busan High-do, to the effect that the Defendant’s wife, who is well aware of the fact that the Defendant received money in the name of the labor union and received the prosecutor’s investigation, “to create a loan certificate to be submitted to the prosecutor.”

이에 박A1은 2009. 3. 31. 피고인의 집에서 백지에 각 “차용증, 상기 금액 18,000,000원을 차용함(◆불교점 물건대금), 차용인 박A1, 부산시 영도구 XXX가 ○, 7/2, 2008년 2월 28일. (단 기간은 6개월로 정함), 정C 귀하”라는 내용과 “차용증, 상기 금액 18,000,000원을 차용함(◆불교점 물건 대금), 차용인 박A1, 부산시 영도구 XXX가0, 7/2, 2008년 4월 10일, (단 기간은 6개월로 정함), 정C 귀하"라는 내용을 각 기재한 다음 박A1의 이름 옆에 그녀의 도장을 날인하는 방법으로 차용증 2매를 작성하여 피고인에게 교부하였고, 피고인은 2009. 4. 1. 위와 같이 위조된 차용증 2매를 부산지방검찰청 특별수사부 수사과 2호 수사관실에 제출하였다. 이로써 피고인은 피고인의 형사사건에 관한 증거위조를 교사하였다.

2. Joint criminal conduct (misappropriation in breach of trust) committed by Defendant snowa, ParkA1, ParkA2, Yellow A3, and KimA4

The Defendants conspired to receive money and valuables from those who want to work in the trade union as remuneration for employment.

around March 17, 2008, Defendant LA2, YA3, and Y4 introduced Defendant LA2, at the house of Defendant LA in Busan Young-gu, Busan, to receive certain amount of introduction fees per capita from Defendant LA and LA1, and to work for the trade union. Defendant LA and LA1 received KRW 22 million in return for the request that Defendant LA and LA1 would be employed from EA2 to the trade union.

As a result, the Defendants acquired money and valuables in exchange for illegal solicitation in relation to their duties.

From around that time to April 24, 2008, the Defendants received 70 million won as remuneration for employment to trade unions, such as the attached list (I omitted) from three persons, such as Da2, etc., in exchange for employment, and acquired money and valuables in exchange for unlawful solicitation as to their duties.

3. The co-principal of the Defendant’s snowa, ParkA1, ParkA2, and Yellow A3 (the taking of property in breach of trust)

On May 20, 2008, the Defendants conspired to receive KRW 23,500,00 from 12 persons, such as Ma3, etc. to 28,650,000,000,000 from 12 persons, such as Ma3, etc., under the attached crime sight table (II omitted) from 200 to 7, 2009, and received money and valuables from 12 persons, such as Ma3, etc., under the pretext of employment for trade unions.

4. Joint principal offenders committed by Defendant snowa, ParkA1, and KimA4

On April 20, 2008, the Defendants conspired and acquired money and valuables in response to illegal solicitation, after receiving KRW 18 million from Y3 in return for employment for the trade union of her children, in the same manner as that of paragraph 2 of the above, from YA3, in response to receiving KRW 18 million in return for employment.

5. Joint criminal conduct (misappropriation) committed by Defendant snowa, ParkA1, and LA2

On February 2, 2008, the Defendants conspired to receive KRW 18 million in return for employment payment to the trade union in both C5 in the same manner as the above Paragraph 2, and acquired money and valuables in return for an illegal solicitation from four persons, such as both C5 and April 18, 2009, as described in the attached Table of Crimes (V), from around that time to around April 18, 2009.

6. Joint criminal conduct (misappropriation) committed by Defendant snowa, ParkA1, and Yellow A3

On February 2, 2009, the Defendants conspired and acquired money and valuables upon receiving 25 million won or more in return for employment payment to the trade union from the Kim 6 in the same manner as the above paragraph 2.

7. Joint criminal conduct by the Defendant snowa, A2, and Yellow A3 (Acceptance of Breach of Trust)

around September 208, the Defendants conspired to receive KRW 25 million in return for employment payment to the trade union in accordance with paragraph (2) of the above Article, from two persons, such as Kim Jong-gu, Busan, and received KRW 49.5 million in return for employment payment for the trade union from around that time to March 5, 2009, and received KRW 49.5 million in return for employment payment for the trade union as described in the attached Table of Crimes (II) (Omission) from two persons, such as Kim C7, etc., under the pretext of employment payment for the trade union.

8. Joint criminal conduct (misappropriation in breach of trust) committed by the Defendant snowa, YellowA3, and Kim A4

On February 3, 2008, the Defendants conspired to receive KRW 23 million in return for employment payment to the trade union from two persons, such as Kim C8, etc. to April 3, 2009, by receiving KRW 46 million in return for employment payment for the trade union, from two persons, such as Kim C8, etc. to receive KRW 23 million in return for employment payment for the trade union in the same manner as the above paragraph 2, and acquired money and valuables in return for illegal solicitation.

9. Joint criminal conduct (misappropriation) committed by Defendant snowa and shipA2

On March 10, 2009, the Defendants conspired and acquired money and valuables in exchange for an illegal solicitation in relation to their duties, upon receiving KRW 18 million from thisC9 in the same manner as the above paragraph 2, in return for employment with respect to the trade union, at the house of the Defendant Langu in Busan Island, where X is located in ○○.

10. Joint criminal conduct (misappropriation) by Defendant snowa and Park A1

On February 2, 2008, the Defendants conspired to receive KRW 10 million from 12 persons, such as Kim C11, etc. to June 2009, in exchange for employment for the trade union, and acquired money and valuables by receiving KRW 24 million from 12 persons, such as Kim C11, etc. to 200,000 in return for employment for the trade union, in the same way as the above paragraph 2, from Kim C10 to Kim C10 in the same way as above.

[2010 Gohap101] Defendant Li2 received a request from the victim to deliver money from the victim during the process of borrowing leapC12 from 133 to 18 million won by one’s own brokerage, Defendant Li-A received the request from leapC12 to use money at will without delivering it to lec12.

위 피고인은 2007. 9. 12. 17:00경 부산 남구 우암동에 있는 노동조합 ▦지부 사무실에서, 피해자로부터 윤C12에게 전해달라는 부탁을 받고 500만 원, 다음날 위 사무실에서 나머지 1,300만 원을 각 교부받았다.

The above defendant kept the above 18 million won for the victim, and around that time, he embezzled the amount equivalent to the above money by using it for personal purposes, such as repayment of debt, etc. in Busan Japan.

[2010 high-level 112] Defendant 5 served as the head of the working group and the head of the labor union welfare division with the authority to recommend new employment, transfer, etc. of union members in a trade union from early 2008 to July 2009. From August 2009 to July 2009, Defendant 5 worked as the head of the trade union Paragraph 2 of the same Article and has overall control over matters concerning recommendation, work assignment, management, promotion, supervision, etc. of union members in the branch. Defendant 5 works as the head of the trade union branch from May 2007 to the head of the trade union branch, and Defendant 5 is a person who has overall control over overall matters concerning the recommendation, work assignment, management, promotion, supervision, etc. of new union members in the branch, and Defendant A6 is a person who works as the head of the above branch office from May 2007 to July 2009.

1. Defendant Ora5

(a) co-principals, i.e., c14, c15, c16, and co-principals;

(1) On March 2008, the Defendant, in collusion with the head of this C14, Paragraph 1, Section 1, Section 1, Section 1, Section 16 of the Labor Union’s president, received KRW 10 million from Kim C17 in return for a request for new employment of a female to the Trade Union, and acquired money and valuables in return for an unlawful solicitation in relation to his duties.

(2) On May 2008, the Defendant conspiredd with the above C14, C15, and C16, and received money and valuables in return for an unlawful solicitation in relation to his duties by receiving KRW 10 million from △△ 20,000,000,000,000 from △△△ Party, located in the vicinity of the Seocho-gu Busan Metropolitan City, for new employment from △△△ Party, to a trade union, and received money and valuables from 10,000,000 won.

(b) Joint criminal conduct with thisC14;

(1) 피고인은 이C14과 공모하여, 2009. 3~4.경 부산 동구 초량동에 있는 노동조합 건물 2층에 있는 위 조합 ▲ 협동조합 휴게실에서 항업지부 작업반장 주C16으로부터 재래항인 북항에서 항업지부 소속으로 일하는 조합원 강C21를 신항에 있는 하역회사 소속의 상용근로자인 항만 트레일러 기사(속칭 YT 기사)로 전환배치될 수 있도록 해달라는 청탁을 받고 사례비 명목으로 1,500만 원을 수수하여 그 임무에 관하여 부정한 청탁을 받고 금품을 취득하였다.

(2) 피고인은 이C14과 공모하여, 2009. 3~4.경 부산 중구 부평동에 있는 ☆커피숍에서 위 주C16으로부터 제2항업지부에서 일하는 조합원 오C22을 신항에 있는 하역회사 소속의 상용근로자인 항만 트레일러 기사로 전환배치될 수 있도록 해 달라는 청탁을 받고 사례비 명목으로 1,500만 원을 수수하여 그 임무에 관하여 부정한 청탁을 받고 금품을 취득하였다.

(3) 피고인은 이C14과 공모하여, 2009. 3~4.경 위 노동조합 건물 제2층에 있는 위 조합 ▲ 협동조합 휴게실에서 노동조합 조합원 박C23로부터 재래항인 북항에서 신항에 있는 하역회사 소속의 상용근로자인 항만 트레일러 기사로 전환배치될 수 있도록 해달라는 청탁을 받고 사례비 명목으로 1,000만 원을 수수하여 그 임무에 관하여 부정한 청탁을 받고 금품을 취득하였다.

(4) On June 7, 2009, the Defendant, in collusion with this C14, received a request from a trade union member to a maximum of 324 members of a trade union to convert the maximum C25 of those members of a trade union into and place them into a port Trler article, a permanent employee of a loading and unloading company, under a new port, in North Korea, under a conventional port, and received KRW 10 million under the pretext of a precedent, and received money and valuables in return for an unlawful solicitation in connection with his/her duties.

(5) 피고인은 이C14과 공모하여, 2009. 3~4.경 노동조합 건물 2층에 있는 위 조합 ▲ 협동조합 휴게실에서 노동조합 조합원 김C26로부터 조카인 김C27을 재래항인 북항에서 신항에 있는 하역회사 소속의 상용근로자인 항만 트레일러 기사로 전환배치 될 수 있도록 해달라는 청탁을 받고 사례비 명목으로 1,000만 원을 수수하여 그 임무에 관하여 부정한 청탁을 받고 금품을 취득하였다.다. 원C15과의 공동범행 (배임수재)

(1) On November 2008, the Defendant in collusion with the head of the business sub-chapter 15, the head of the personnel sub-chapter 16, and the head of the personnel sub-chapter 316, and received money and valuables from the labor union resistance sub-chapter 28 to the head of the sub-chapter 30 million in return for the solicitation of the promotion of work of the labor union navigation sub-chapter 1 to the head of the sub-chapter 30 million in return for an illegal solicitation in relation to his duties.

(2) In collusion with the head of the business branch office, the head of the personnel group, the head of the personnel group, and the head of the group, around November 2008, the Defendant received 20 million won from the members Kim C29 of the trade union's port business branch to receive a request from the members of the trade union's port business branch to receive 20 million won in return for an illegal solicitation as to his duties, and acquired money and valuables in return for an illegal solicitation.

(d) Violation of the Attorney-at-Law Act;

(1) 피고인은 2008. 11~12.경 노동조합 사무실에서 설A로부터 “지검 ♠지청에서 ▦지부 등을 내사하고 있다는 소문이 있는데 아는 직원이 있으면 손을 좀 써 주십시오."라는 취지의 청탁과 함께 사건무마를 위한 교제비 명목으로 500만 원을 수수하여 공무원이 취급하는 사건에 대하여 청탁 또는 알선한다는 명목으로 금품을 교부받았다.

(2) On March 2009, the Defendant received money and valuables under the pretext of accepting KRW 40 million from the Defendant’s car that was set up in the trade union parking lot to the effect that “The Defendant had been engaged in the search and seizure of the branch office and the Defendant’s house before every time in the investigation division for the inspection of the branch office and the Defendant’s house before it, not much expanded, and that it can be completed as soon as possible.” In addition, the Defendant received money and valuables from the Defendant’s car under the pretext of accepting KRW 40 million as a teaching expense for the performance of the case to be handled

2. Joint criminal conduct (misappropriation) committed by Defendant snowa and Party A6

피고인들은 공모하여, 2009. 6.경 부산 남구 우암동에 있는 노동조합 ▦지부 작업 현장에서 위 ▦지부 부반장으로 근무하는 박C30으로부터 반장으로 승진할 수 있도록 해달라는 청탁을 받고 그 대가로 3,000만 원을 수수하여 그 임무에 관하여 부정한 청탁을 받고 금품을 취득하였다.

[2010Gohap187] On March 26, 2009, Defendant Park1 stated that “The owner of the non-commercial goods store that operates the franchis is off the house,” and that “the owner of the non-commercial goods store that operates the franchis is at a higher price and promptly becomes aware of the contract due to the franchising store in the near place. If the amount of 60 million won is lent to the extent of 60 million won, the store contract shall be entered into in the name of the victim of the party, and the funeral service shall be repaid to 300,000 won per month for 2.6 million won per month.” If the store contract is not concluded, the money shall be returned immediately.”

However, at the time, the defendant's husband received money from the above union in the name of employment compensation from the above union in the search and seizure of residence, etc., and the return of money from the person who paid the money was urged by the investigation agency, and even if he borrowed money from the victim, he did not have the intent or ability to continue to operate the store, and did not use the above borrowed money for living expenses and personal debt repayment.

The defendant acquired 60 million won from the victim and fraudulently acquired it.

Summary of Evidence

[209Gohap776]

1. Each statement made by the defendant in the first protocol of the trial, contained in the defendant Air Force2, YellowA3, and KimA4;

1. The defendant's legal statement in part

1. Defendant Park A1’s legal statement

1. Each legal statement of witness Kim C32, Kim C33;

1. Each prosecutor's protocol of examination of the accused snowA (including the whole-C32 statement part);

1. Each prosecutor's protocol of interrogation of the defendant Park Ga1 (including the statement portion of the defendant Park Ga2 and YA3);

1. Each prosecutor's protocol of examination of the suspect against Defendant A2, Yellow A3, and KimA4

1. Each prosecutor’s protocol of statement about 34, thisC35, thisC36, thisC37, thisC38, Kim 39, Park C40, Park C41, KimC42, KimC43, this C45, Kim C45, Kim C43, Kim C46, Kim C47, Lee C47, Lee C47, Lee C48, KimC49, sulfur C50, Mac51, Mac52, Mac52, Mac53, Mac54, Kim C55, and Kim C56

1. Each police record of statement 1. Each police record of EA2, Yellow3, Yellow 57, Kim 58, MaC59, Kim MaC60, Kim C61, Kim C62, Park C63, Park C64, Kim C65, Lee Jong-C66, Park Jong-C1, AC1 (C1, May 17, 74), AC67, and Park Jong-C167, August 8, 167), and each copy of each borrowed document (Investigation Record 4-638, 639), and each copy of each borrowed document [2010Gohap101]

1. The defendant's legal statement in part

1. Each legal statement of witness, C13, and leapC12;

1. Examination of the suspect by the prosecution against the defendant snowa (including the statement section C13, leap C12);

1. An interrogation protocol of a police officer against leapC12;

1. Statement made by each police officer against the C13;

1. A certificate of borrowing;

1. Recording records;

[2010Gohap112]

1. Each legal statement of the defendant Ora5, Noes, and Nos. A6

1. Each prosecutor's protocol of examination of the suspect under the defendant 5, 5, 5, and A6

1. Each prosecutor’s protocol of statement concerning the snowa, the Note 16, the C68, the C69, the C69, the C69, the C65, the C15, the C30, the Park C23, the maximum C24, the Kim 26, the Yellow C19, the Kim C17, and the Kim 28;

[2010 Highest 187]

1. Defendant Park A1’s legal statement

1. Examination protocol of the suspect about the defendant Park A1 (including the fourth statement and Kim C31 statement)

1. The police statement of Kim C31

1. Each letter;

Application of Statutes

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

20 Defendant snowa

Article 357(1) of the Criminal Act [Attachment 1, 3, 6, 7, and 9] Article 357(1) [Attachment 357(1) [Attachment 1] [Attachment 357(1) [Attachment 357(1)] of the Criminal Act; each choice of imprisonment] Articles 357(1) and 30 of the Criminal Act; Articles 155(1) and 31(1) of the Criminal Act (a) of the Criminal Act (a person who renders a forgery of evidence; a person who renders a solicitation of imprisonment); Article 355(1) of the Criminal Act (a) of the Criminal

20 Defendant Park Ll

Articles 357(1) and 30 of the Criminal Code of each Criminal Code (each of the crimes listed in the annexed Table (I) (Omission), each of the crimes listed in the annexed Table (II) 1 through 11, the crime listed in the annexed Table (IV), the crime listed in the annexed Table (IV), the crime listed in the annexed Table (V) 1 and 2, each of the crimes listed in the annexed Table (V) 1 and 2, the annexed Table (X) 1 through 9, each of the crimes listed in the annexed Table (X) 1 through 9, the decision of imprisonment]

Articles 357(1) and 30 of the Criminal Act (attached Form I Ⅲ), 12 of the Criminal List (attached Form I Ⅲ), 3 and 4 of the Act, 57(1) and 30 of the Act, 57(1) and 30 of the Act, 57(1)-12 of the Act, 3 and 4 of the Attached Table of Crimes (Omission)-3 and 4 of the Act, 57(1)-10 or 12 of the Act, 10 or 1

Article 347(1) of the Criminal Act (Fraud and Selection of Fine)

20 Defendant EA2, Yellowa3

Articles 357(1) and 30 of each Criminal Code (the point of each violation of trust and the choice of each imprisonment)

20 Defendant KimA4

Articles 357(1) and 30 of each Criminal Code (the point of each violation of trust and the selection of each fine)

20 Defendant Ora5

Articles 357(1) and 30 of the Criminal Code (the point of each violation of trust, each choice of imprisonment), each attorney-at-law 11(1)(the violation of each Attorney-at-Law Act, each choice of imprisonment)

20 Defendant Jeong6: Articles 357(1) and 30(the occupation of taking property in breach of trust, the choice of fines) of the Criminal Act;

The latter part of Article 37 of the Criminal Act, Article 39 (1) - the latter part of Article 37 of the Criminal Act - the concurrent crimes of Article 37 of the Criminal Act with respect to which punishment has become final and conclusive on December 9, 2008: Each crime listed in the annexed Table (II) (Omission), each of the crimes listed in the annexed Table (I) 1 through 11, the annexed Table of Crimes (IV), each of the crimes listed in the annexed Table (IV) 1 and 2, the annexed Table of Crimes (V) - 1 and 2, the annexed Table of Crimes (X) 1 through 9 [the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act, Article 30 of the former part of the Criminal Act, Article 50 of the Criminal Act, Article 10 of the annexed Table 20 of the Criminal Act, Article 37 of the annexed Table - Punishment No. 1 to 2 of the annexed Table - Punishment No. 37 of Crimes (Omission) -1 to Annex 2 of the annexed Table -37) of the Criminal Act.

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment prescribed in the most severe crime of embezzlement against Defendant LA; the punishment prescribed in the attached Table (V) No. 2 in the case of Defendant LA2; the punishment prescribed in the attached Table (V) No. 2 in the case of Defendant LA3; the punishment prescribed in the attached Table No. 1 in the case of Yellow A3, the punishment prescribed in the attached Table (VI) No. 1 in which the most severe crime is committed; the punishment prescribed in the attached Table No. 2 in the case of Defendant LA4, the punishment prescribed in the attached Table (II) No. 2 in which the most severe crime is committed; and the punishment prescribed in the Attorney-at-Law Act around March 2009, in which the most severe crime is committed];

Articles 70 and 69(2) of the Criminal Act

1. Suspension - Defendant Park1, Ma2, YA3, Austria5

Article 62 (1) 1 of the Criminal Code 1. Additional Collection Statement of the Defendant, A2, Yellowa3, Gla4, A5

Article 357 (3) and (1) of the Criminal Code (Article 116 of the Attorney-at-Law Act added to the Article 116 of the Attorney-at-Law Act; Article 357 (3) and (1) of the Criminal Code (Article 357 (1) of the Criminal Code shall be additionally collected from the total flood amount to the Defendant

Judgment on the argument of the defendant Shin A and his defense counsel

1. Summary of the assertion

A. There is no fact that he/she committed any of the crimes listed in [Attachment 2, 4, 5, 8, 10 to 14 (related crimes) in [Attachment 1] List of Crimes (Omission) (I).

B. The money received from the injured party C13 in relation to embezzlement is not KRW 18 million but KRW 5 million.

2. Determination

A. Determination on crimes related to severe C70

앞서 든 증거에 의하여 인정되는 다음과 같은 사정, 즉 2009. 8. 1.경 사망한 엄C70은 2003년경 이C14 및 피고인과 함께 부산지방검찰청에 노동조합(이하 '노조’로 줄인다)의 인사비리 등을 제보하는 등 평소 피고인의 부하직원으로서 돈독한 관계를 유지해 온 점, 이에 따라 이 사건 범행 이전에도 엄C70의 동거녀인 김C33은 엄C70 이 피고인에게 금전을 상납하는 것을 보기도 한 점, 범행 당시 피고인은 ▦지부장으로서 노조의 인사위원회와 조직부장에게 신규조합원의 가입을 상신할 수 있는 지위에 있는 데 반해, 엄C70은 피고인의 지휘 하에 있는 직원 혹은 반장으로서 피고인에게 신규조합원의 추천을 할 수 있을 뿐이어서 피고인을 통하지 아니하고는 취업부탁을 받은 자를 신규조합원으로 가입시킬 수 없게 되어 있는 점, 엄C70은 사망하기 이틀 전인 2009. 7. 31.경 자신이 김C43, 이C44, 김C38, 김C39, 김C42, 김C41, 박C40 등으로부터 취업 청탁을 받은 후 그들로 받은 돈을 피고인이나 그 처인 박A1에게 전달하였다는 내용으로 사실확인서를 작성해 당시 취업하지 못한 피해자 측에 건네주었는데, 피고인과 엄C70의 종전 관계에 비추어 엄C70 이 사망에 임박하였는데도 허위의 사실확인서를 작성해 피고인에게 해를 끼치려하였다고 보기는 어려운 점, 피고인은 엄C70과 종전에 금전거래관계가 있었을 뿐, 취업청탁명목으로 돈을 받은 사실은 없다고 주장하나 피고인은 엄C70과의 채권채무에 관한 구체적인 내용을 전혀 밝히지 못하고 있을 뿐만 아니라, 엄C70 관련 범행 이외에 다수의 취업관련 범행을 저질러 거액을 받아온 피고인이 평소 생활이 넉넉하지 않은 엄C70으로부터 취업청탁과 무관하게 거액을 차용하는 등 금전거래관계를 맺어왔다는 것은 사회통념상 이해하기 어려운 점, 피고인은 수사기관에서 엄C70과 관련하여 일부 청탁을 받고 금원을 수수하기도 하였다고 진술한 점 등을 종합하면 이 부분 공소사실을 충분히 인정할 수 있다. 따라서 이 부분 주장은 받아들이지 아니한다.

나. 횡령부분 앞에서 든 증거에 의하여 인정되는 다음과 같은 사정, 즉 윤C12가 피해자 정C13로부터 차용하기로 한 돈을 받지 못하자 2007. 10. 20.경 종전에 이미 작성해준 차용증을 반환받기 위하여 정C13을 만나게 되었는데, 그 자리에서 피고인으로부터 돈을 전달받지 못하였다는 윤C12의 말을 들은 정C13은 돈을 건넸다고 적극 항변하면서 즉시 피고인에게 전화를 하여 그 경위를 따져 물은 사실이 있는바, 이러한 정C13의 행동은 통상 돈을 실제 교부하지 않은 사람의 행동으로 보기는 어려운 점, 윤C12가 차용하려 한 돈의 변제와 관련하여 피고인이 보증을 선 바 있으므로 피고인도 보증책임을 면할 수 없고, 이에 따라 정C13이 윤C12에게 직접 돈을 건네지 않고 피고인으로 하여금 돈을 전해 주도록 한 것도 수긍할 수 있는 점, 피고인은 정C13로부터 500만 원을 받아 이를 윤C12에게 전달하지 않고 개인채무 변제에 소비한 것은 인정하고 있는 점 등에다 피고인은 범행 일시 이후 사실 확인을 하려는 윤C12의 전화를 받지 않고 회피한 사정이 엿보이는 점 등을 아울러 고려하면 이 부분 공소사실 역시 충분히 인정된다. 따라서 이 부분 주장도 받아들이지 아니한다.

Reasons for sentencing

1. Defendant snowa

[Scope of Punishment] Imprisonment with prison labor for not more than seven years and six months;

【Special Convicted Person】

[Scope of Basic Crime Recommendation ] The basic area of Type 1 (less than KRW 100 million) among the sentencing guidelines for embezzlement and breach of trust: April 1 and 4.

[Standards for Dealing with Multiple Crimes] Imprisonment with prison labor for at least four months (Considering the crime of taking property in breach of trust for which the sentencing guidelines have not been set)

[Scope of the revised Recommendations] Imprisonment, April 7 years and six months

[선고형의 결정] 징역 3년 6월(피고인은 노조의 ▦지부장으로 선출된 이래 신규조 합원의 취업 등에 영향력을 행사할 수 있는 지위를 악용하여 2008. 2.경부터 2009. 6.경까지 장기간에 걸쳐 총 60명으로부터 신규조합원으로 취업 내지 승진시켜달라는 취지 등의 부정한 청탁을 받고 그 대가로 11억여 원을 교부받았을 뿐만 아니라 받은 돈을 차용금으로 위장하기 위해 처로 하여금 허위 내용의 차용증을 작성하게 하였으며, 나아가 타인에게 전달해 주도록 부탁받은 돈을 임의로 소비하였는바, 노조의 취업관련 범행이 불법인 점을 잘 알면서 장기간에 걸쳐서 마치 관행인양 돈을 받아왔고 그 액수 또한 거액에 이르는 점, 그 범행을 위해 처로 하여금 돈을 받게 하거나 대상자를 소개하도록 하는 등 가족들까지 범행에 끌어들인 점, 일부 범행에 대하여 부인하면서 그 책임을 전가하는 등 제대로 된 반성의 빛을 보이고 있지 아니한 점 등에서 보면 그 죄질이 매우 불량하여 엄히 처벌하지 않을 수 없다. 다만, 지금까지 처벌받은 전력이 없는 점, 일부 교부자들에게 돈을 반환하거나 그들과 합의한 점 및 피고인의 연령, 성행, 가정환경 등 여러 정상을 모두 고려하여 형기를 정한다.) 2.피고인 박A1 - 징역 1년 6월에 집행유예 2년, 벌금 2,000만 원

In light of the fact that the Defendant, as his wife, conspired with the snowA and received large amounts of money on a long-term basis for employment solicitation, and continuously committed the act of taking property in breach of trust and fraud on the ground of her husband’s status without being familiar with the suspended execution period, etc. However, in the case of the crime of taking property in breach of trust, the crime of taking property in breach of trust is very poor: (a) the Defendant returned the money to some issuers or agreed with them; (b) the Defendant agreed with Kim C31, a victim of the crime in breach of trust; (c) the Defendant took advantage of her husband’s position; and (d) the Defendant was sentenced to the punishment for taking into account the circumstances of participation; (b) the Defendant was sentenced to the punishment for being detained by the snowA, a high school student, and a child of her husband; and (c) the Defendant appears to have no other child other than her husband’s age, character and behavior, family environment, etc., and (d) other crimes of this case shall be sentenced to imprisonment before December 17, 2008.

3. Defendant A2 - Imprisonment with prison labor for up to two years;

The defendant introduced a person who has been employed by a person who has been employed by a person who has been employed by a person who has been employed by a person who has been employed by a person who has been employed by a person who has been employed by a person who has been employed by a person who has been employed by a person who has been employed by a person who has been employed by a person who has been employed by a person who has been employed by a person who has been employed by a person who has been employed by a person who has been employed by a person who has been employed by a person who has

4. Defendant YellowA3 - Two years of suspension of execution in October.

In light of the circumstances of the crime and the amount acquired by the defendant, etc., such as introducing a person who has been employed by an employee and a person who has been employed by an employee in 71,300,000 won under the pretext of the job placement fee, and the criminal defendant has been employed for a long time. In addition, in light of the circumstances of the crime and the amount of acquisition by the defendant, etc., he/she has committed the crime, he/she has already committed the crime since he/she has already been placed an occupation fee of 71,30,000 won, and he/she has not been punished in addition to once, he/she shall be sentenced to the suspension of the execution of imprisonment with labor.

5.A4 - Fines of 5 million won

Defendant shall be punished by a fine, considering the fact that: (a) the Defendant introduced a person who has been employed by Park Jong-A and Park Jong-A1, and (b) he took part in the crime with a benefit equivalent to KRW 1 million under the pretext of the job placement fee; and (c) the amount of the charge is equal to the amount of the charge; but (d) the actual profit of the Defendant is not only KRW 1 million but also the fact that the Defendant introduced an employment applicant in the middle, the Defendant shall be punished by

6. Defendant Ora5 - Two years of suspended sentence of imprisonment

In light of the fact that the Defendant has abused his position, such as the head of the labor union and the head of the labor union branch and the head of the labor union branch and received money and valuables on several occasions under the pretext of employment solicitation or transition arrangement, or on the pretext of solicitation in connection with the duties of public officials, there is a very poor quality of the crime: Provided, That in the case that the Defendant has no record of having been punished since he was sentenced to a fine for violation of the Act on the Protection of Military Crimes in 1985, a fine for violation of the Act on the Protection of Military Crimes in 1991, a fine for violation of the Act on the Protection of Military Crimes in 1991, a suspended sentence of imprisonment shall be imposed only once, in consideration of the fact that the amount actually acquired by the Defendant due to the violation of the Act on the Protection of Military Crimes was returned to the extent of KRW 24 million, and the amount received by the act of violation of the

7.Defendant A6 - Fines of five million won

In light of the fact that the defendant received money as the head of a union branch or a leader of another person, it is not easy to commit a crime: Provided, That the defendant shall be punished by a fine in consideration of the fact that the defendant has no record of punishment so far, and that all of the received money has no actual acquired money, or that the defendant has no record of the money, or the age, character and conduct, family environment, etc

The presiding judge, the number of judges;

Judges Lee Jong-tae

Judges Shin Jae-won