A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On December 31, 2012, the Defendant entered into a contract to sell D land located in Busan-gu, Seoul-si to E on December 31, 2012, received the sale price of KRW 1.43 billion from the same day to the National Bank account (F) in the name of the Defendant, and on the same day, completed the registration of transfer of ownership of the said land to E, and became an ineligible person for payment of income tax.

On January 2, 2013, the Defendant deposited KRW 1.173 million in the national bank account under the name of the Defendant (G or H) and concealed the property by withdrawing in cash KRW 1.58 million from January 4, 2013 to February 28, 2013 for the purpose of evading the execution of disposition on default.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written accusation;

1. Investigation report (a certified copy of the registry of real estate and attachment of guidance);

1. A criminal investigation report (a list of withdrawals shall be attached);

1. Investigation report (verification, etc. of suspect's delinquency amount, remaining property transfer, etc.);

1. A copy of a resolution on determination of transfer income tax, etc., a copy of financial transaction details A of the delinquent taxpayer A, a copy of cash withdrawal table, or a copy of the real estate transaction contract;

1. Application of reference materials statutes;

1. Relevant provisions of the Act on the Punishment of Tax Offenses and Article 7 (1) of the Punishment of Tax Evaders Act concerning the facts constituting the crime;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant concealed property for the purpose of evading disposition on default of transfer income tax, and the legislative purport of the Punishment of Tax Evaders Act is high in light of the legislative purport of the Act on the Punishment of Tax Evaders. However, the Defendant appears to have repented his wrongs during the period of detention between approximately two months. The Defendant paid KRW 380,000,000,000 corresponding to the first imposed tax amount and additional dues among the transfer income tax in arrears until now. The Defendant has no record of criminal punishment prior to the instant crime, and the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc. are all the circumstances after the crime.