A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[Criminal Power] On April 26, 2018, the Defendant was sentenced to six months of imprisonment for fraud at the Cheongju District Court, and the judgment became final and conclusive on May 4, 2018.

On April 30, 2018, the prosecutor presented reference materials on the premise that the judgment became final and conclusive due to the waiver of the defendant's appeal.

However, as long as a judgment has not become final and conclusive in the case of a prosecutor, it is possible to file a suit in order to seek the proper application of the interest of a defendant or so-called law, i.e., the benefit of a defendant, and the time when a judgment becomes final and conclusive shall be determined objectively and uniformly by formal reasons, such as the existence of the right to appeal against a judgment, the time limit for filing an appeal, waiver and withdrawal of an appeal, regardless of whether there are grounds for appeal

Therefore, prosecutor did not intend to file an appeal.

Even if the Defendant’s waiver of appeal became final and conclusive.

subsection (b) of this section.

In this respect, the final date of the judgment is May 4, 2018 when the prosecutor's appeal period has lapsed.

【Criminal Facts】

1. On March 21, 2015, the Defendant: (a) was a person who was engaged in a construction business, etc. with the trade name of the Co., Ltd., and (b) requested D, who is an employee of the Defendant, to call to E, who is an employee of the company operated by the victim B, for the payment of the construction cost after the completion of the construction work at the F Housing Construction Site at the Chungcheong-gun, Chungcheongnam-gun, Chungcheongnam-do; and (c) demanded D, who is an employee of the Defendant, to place an order for ready-mixed.

However, at the time, the defendant company did not pay taxes exceeding 200 million won, and it did not have the intention or ability to pay the taxes even if it is supplied with ready-mixed from the victim because of the financial situation such as the failure to pay the wages of the employees properly.