A defendant shall be punished by imprisonment for six months.

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

The Defendant was introduced the Victim G operating “D” that requires false data upon the request of “E” to the Defendant who runs a construction business with the trade name of “E,” and to F at F on June 2016, upon the request of “E at least KRW 6,000-70 million to find out the place where the materials purchased are sold.”

On June 24, 2016, the Defendant, through F around June 24, 2016, requested the victim to pay the amount of money equivalent to the value-added tax for issuing false tax invoices, and had appearance as if it was an actual transactional relationship, he would immediately deposit money excluding value-added tax into the victim’s personal account.

“The Court rendered a ruling.”

However, in fact, the defendant thought that he will use the money received from the injured party for the repayment of his personal debt, etc., and did not intend to return the money except the additional tax to the injured party.

On June 28, 2016, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 3,2760,500,000,000 to the National Bank Account (Account Number: H) account in the name of E on June 28, 2016, equivalent to KRW 2,666,350,00 as one copy of the electronic tax account equivalent to KRW 12,100,000.

Summary of Evidence

1. Legal statement of witness G;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement made to G and I;

1. Complaint;

1. Investigation report (to have telephone conversations from a witness);

1. Application of Acts and subordinate statutes to a certified copy of the corporate registry, a copy of tax invoice, a verification certificate, a business registration certificate, a statement of transactions by a suspect A;

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

1. Article 32(1) and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit, etc. of the Dismissal of Application for Compensation (the scope of liability for compensation is unclear, and thus, the applicant’s recovery from damages through other legal remedies, such as civil action, is reasonable.