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United States v. Kim

May 7, 2010



In the presence of the attorney for the government, the defendant appeared in person on this date. 05 07 2010

X WITH COUNSEL John H. Oh, Rtnd.

(Name of Counsel)

X GUILTY, and the court being satisfied that there is a factual basis for the plea.


There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:

False Statement to Federally Insured Financial Institution in violation of 18 U.S.C. § 1014 as charged in Count One (1) of the Information; and Causing an Act to be Done in violation of 18 U.S.C. § 2 (b) as charged in Count Two (2) of the Information.

The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby placed on: One (1) year of PROBATION on each of Counts One (1) and Two (2) of the Information, to be served concurrently, including a Six (6) moth period of Home Detention as defined in Section 5F1.2 of the United States Sentencing Commission Guidelines Manual.

As a condition of Home Detention, defendant is required to be in his place of residence at all times except for approved absences for gainful employment, seek employment, community service, religious services, medical care, educational or training programs, shop for necessities, and such other times as may be specifically authorized.

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.

It is ordered that the defendant shall pay restitution to Bank of America in the total amount of $240,000 pursuant to 18 U.S.C. § 3663A. Restitution shall be paid in installments of $100 per week once defendant is able to secure employment. The U.S. Probation Officer shall be given the discretion to increase that amount if defendant's employment permits.

Defendant shall be held jointly and severally liable with co-participant, Sung K. Park (Docket No. CR09-00128), for the amount of restitution ordered in this judgment.

Defendant shall pay the restitution in accordance with this Court's judgments and orders pertaining to such payments.

Defendant shall comply with General Order No. 01-05.

All fines are waived as it is found that defendant does not have the ability to pay a fine in addition to restitution.

Defendant shall comply with the rules and regulation of the U.S. Probation Office and General Order No. 05-02.

When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer Defendant shall cooperate in the collection of a DNA sample from the defendant. Government's motion for downward departure is GRANTED.

Defendant's request to travel toKorea during the period of Home Detention is DENIED. Defendant's Bond is EXONERATED.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

5-7-10 Date U. S. District Judge It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).


While the defendant is on probation or supervised release pursuant to this judgment: The defendant shall not commit another Federal, state or local crime; the defendant shall not leave the judicial district without the written permission of the court or probation officer; the defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month; the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least 10 days prior to any change in residence or employment; the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician; the defendant shall not frequent places where controlled substances are illegally sold, used, distributed or administered;

10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;

11. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband ...

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