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Defendant
A shall be punished by imprisonment for eight months and by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A is a person who actually operates the limited company D, the defendant B, who is a representative director.
[Attachment, on April 15, 2015, the Defendants agreed to purchase KRW 301 from the victim limited company F (hereinafter “victim Corporation”) in the name of the Defendant’s limited company D (representative director) located in Seojin-gu, Seoul Special Metropolitan City, to purchase KRW 2,760,00,000 among the “H” buildings located in Y (hereinafter “victim Corporation”), which is owned by the victim corporation, in total, KRW 1,302,00,000 (additional tax amounting to KRW 83,328,000) and KRW 401 of the same building, KRW 868,00,000 (Additional tax amounting to KRW 58,156,000) and KRW 2,170,000,000,000 (additional tax amount to KRW 58,156,000) and paid KRW 100,000,000 as the previous bonds.
Then, around May 10, 2015, the Defendants: (a) transferred the name of the former head of the bank and the corporate seal of the former head of the bank in the name of the limited company D to the effect that “If the funds for facilities are loaned in KRW 700 million from the gold branch of the former North Korea Bank to the limited company D in the name of the limited company D in order to pay the remainder of KRW 100 million at the gold branch of the Geumjin-gu Seoul Special Metropolitan City, Geumdong-gu, Seoul; and (b) on June 10, 2015, the Defendants did not pay the remainder of KRW 100 million to I under the name of the victim by temporarily transferring the name of the former head of the bank and the corporate seal of the limited company D in the name of the limited company D in order to prevent the payment of KRW 700 million to the victim after receiving the seal of the limited company D from the bank due to the need for the corporate seal impression.
[2] In the event of a sales contract for H’s 301 and 401, the Defendants are entitled to receive the value added tax to be refunded in the future from the victim corporation as the agent I of the victim corporation would not be able to pay the value added tax.