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(영문) 창원지방법원 2015.04.30 2013고합84

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

D A victim F, who operated a stock company and E, was subject to a tax investigation on January 2007, and was placed in the situation where 16 billion won of corporate tax and 76.9 billion won of gift tax related to the shares of the said corporation were to be paid.

Around July 31, 2007, the Defendant, who became aware of the situation of the victim, found the victim to be too late. The result of the corporate tax was the shape in which corporate tax would vary. While he knows the fin that he could exercise influence over the relationship, he/she falsely told the victim to change the result of the finite seed to KRW 30 million so that he/she may change the result through the finite.

However, even though the defendant was unaware of a person who has influence over the relationship, the defendant did not have any intention or ability to resolve or assist the problem of tax.

As such, the Defendant, by deceiving the victim, received KRW 30 million from the victim to the Defendant’s account for the same day expenses, etc., and acquired KRW 708,191,460 in total from around that time to January 4, 2010, as shown in the attached crime sight table.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Each police statement of G and H;

1. A complaint, a receipt without passbook, a copy of passbook, and a detailed statement of credit card use;

1. Recording book, recording book, or recording of the criminal suspect;

1. Application of Acts and subordinate statutes on deposits without passbook deposited by A to his/her own agricultural bank account, documents of transactions with agricultural bank accounts, and documents of transactions with agricultural bank accounts by A;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act for the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The Criminal Act, the suspension of execution;