A defendant shall be punished by imprisonment for three years.

Punishment of the crime

[criminal records] On November 21, 2014, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Central District Court for fraud, and on November 29, 2014, the above judgment became final and conclusive on November 29, 2014. On October 21, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor at the Seoul Northern District Court for a violation of the Military Service Act, and the above judgment became final and conclusive on June 27, 2016.

[2] On October 1, 2013, the Defendant is in need of KRW 4,500,000,000 from the office of a limited company F (mutual change in company G with limited liability, hereinafter “victim”) located in Gangnam-gu Seoul, Seoul, and from H to the vice president of the victimized company through H, “The Defendant is subject to the construction permission for the K shop building in the third and third lots of land of Gwangju, Nam-gu, and the Defendant requires KRW 4,500,000.

Of KRW 4,500,000, KRW 474,402,00 shall be acquisition tax in Gwangju City, KRW 344,305,00 shall be property tax, KRW 320,00 shall be national tax, and KRW 2,520,000, KRW 200,000 shall be national tax, and KRW 2,50,000,000 shall be the payment of construction cost, KRW 641,293,00 shall be the payment of construction cost, and KRW 641,293,00 shall be the payment of transfer cost and construction cost.

If an investment of KRW 4,500,000 is made, it is proposed that it will pay KRW 2,500,000 as profit after receiving completion within three months, and the injured company shall accept it and deposit KRW 4,500,000 with the N bank account in the name of M Co., Ltd. (hereinafter “M”) on November 1, 2013. The above funds were executed by the Defendant with the approval of the victimized company.

On November 4, 2013, the Defendant requested I to approve the execution of capital for KRW 1,200,000 out of the above investment amount by making a false statement that “I would have to pay national taxes and acquisition taxes on which the K store building is attached, if the State would pay KRW 1,20,000,000 out of the investment amount, and to have it completed.”

However, even if the Defendant received KRW 1,200,000,000, the Defendant merely intended to use it for the repayment of his personal debt, and did not intend to pay national taxes and acquisition taxes to obtain the said K’s completion permission.

The defendant deceivings I as above and let I do so in KRW 1,200,000.