A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Since June 23, 2008, the Defendant, who holds a license for electrical construction, operated B Co., Ltd. (the change of duty to C to June 23, 201) from around June 23, 2008, with the company’s transaction payment liability and tax liability increased, and its financial status has deteriorated, he was willing to register the person who needs an electrical construction license as his representative to resolve the outstanding debt, etc.

On May 25, 2011, the Defendant made a false statement to the victim F, “The name of the representative director B, a company, will be transferred to 35 million won due to the difficulties of the company, and the amount of unpaid debts and taxes in arrears remaining in the company does not exceed 30 million won, which will be responsible and resolved within the country.”

However, the facts revealed that the sum of the tax liabilities, transaction payments, etc. borne by the Company B was equivalent to KRW 71,597,130, and that the Defendant entered the Defendant’s house at the time, and thus, was in excess of the Defendant’s obligation, and thus, there was no intent or ability to resolve the unpaid and delinquent taxes even if transferring the company to the victim.

Nevertheless, the Defendant deceiving the victim as such and had the victim registered as B representative director of the corporation, and acquired the property by receiving the total amount of KRW 32,513,800 from the victim to June 22, 2011, by having him/her paid KRW 19,360,00 in the name of B acquisition price between the victim and the victim from March 31, 2011 to June 22, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with respect to F;

1. Application of Acts and subordinate statutes to all matters to be registered, a certificate and a copy of share transfer contract;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62(1) of the Criminal Act (which shall not be punished by the injured party) is more than the suspended sentence;