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(영문) 의정부지방법원 고양지원 2016.03.18 2014고단2669
사기등
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Defendant shall be punished by imprisonment for a term of one year and two months.

40 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is a person who serves as a head of office in the Dong-gu Seoul and 319-D Tax Accountants Office in Manyang-si.

[Judgment 2014 Highest 2669]

1. Fraud to victims E;

A. On February 15, 2013, the Defendant entered into a false statement in the tax accountant office stating that “Around February 15, 2013, the Defendant may reduce the transfer income tax that would have to be paid to a tax official if he/she gets paid for a gift, such as remaining drinking, etc., by making it possible to reduce the transfer income tax that would have to be paid to a tax official.”

However, even if the defendant received money from the injured party, he thought that it will be used for the repayment of the defendant's obligation, etc., and there was no intention or ability to reduce the transfer income tax.

As such, the Defendant, by deceiving the victim, obtained a total of KRW 15 million from the victim, around February 15, 2013, and KRW 35 million around March 10, 2013, and acquired the victim by deception.

B. On March 3, 2014, the Defendant paid 60 million won to the victim of the above office in lieu of the transfer income tax on KRW 159,598,860 of the income tax imposed by the Defendant on the victim of the said office.

Moreover, the phrase “to prevent the victim from paying money” was false.

However, even if the defendant received money from the injured party, he did not have an intention or ability to pay the transferred income tax imposed on the injured party.

As such, the Defendant, by deceiving the victim, obtained the delivery of KRW 60 million from the injured party on March 3, 2014.

【2015 order 3038】

2. On June 2014, the Defendant against the victim G received a delegation from the victim G of the income tax return on the transfer of land at the “I” restaurant located in the Si of Mapocheon-si around 2014, from the victim G, and the victim “on the basis of internal review.”

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