Assistant Attorney General Peter B. Prestley, the prosecutor, said the plea agreement signed by Dong Hyen Kim “left open the amount of time the defendant is to serve in prison, although it restricts the term of imprisonment between zero month and six months.”
Prestley also recommended that the one day served by Kim at the Department of Corrections facility be credited.
“This is the low end of the sentencing range specified in the plea agreement,” Prestley told the Superior Court in his sentencing memorandum.
On June 7, 2010, Kim changed his plea and admitted committing bribery.
CNMI statute provides a maximum penalty of imprisonment of not more than five years, and a fine of three times the value of the payment received; or if the value of the payment cannot be determined in dollars, imprisonment for not more than five years, and a fine of not more than $1,000, Prestley said.
As part of the plea agreement, Kim will “assist and cooperate in the preparation for and prosecution” of his co-defendant Derek Duenas whose jury trial will start on June 13, 2011.
Presiding Judge Robert C. Naraja continued Kim’s sentencing for April 25, 2011.
Kim has agreed to a sentence of five years, all suspended “except for a term of imprisonment of a minimum of zero month and a maximum of six months.”
Kim will also be placed on supervised probation extended to five years beyond his release from incarceration, Prestley said.
Kim will be pay a $500 fine, court costs and probation fees.
He will write a letter of apology to the citizens of the commonwealth “in compliance with the standards of the Office of Adult Probation” and have it published in the newspaper’s “Letters to the Editor” section, or otherwise pay to have it published.
“The commonwealth submits that the need to deter others from engaging in similar conduct is a factor the court should consider. Here, the offense involved fraudulent or deceptive practices committed against the CNMI Bureau of Motor Vehicles. Crimes of public corruption are common in the commonwealth, and [Kim] should [serve] time sufficient to deter others who might engage in similar activity,” Prestley said.
On or between Nov. 2008 and May 2009, for undetermined number of occasions, Prestley said Kim gave bribes to Duenas, such as “cash, food, betel nut, cigarettes, and other items of value to Derek Duenas in exchange for Derek Duenas’ agreement to ensure that certain individuals pass the written and/or driving exams necessary to obtain a CNMI driver’s license,” Prestley said.
“This crime is serious because it involves a breach in the public trust, and because defendant took advantage of a position of trust or confidence to commit the offense,” Prestley added.
