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A defendant shall be punished by imprisonment for not less than eight 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.
Reasons
Punishment of the crime
On February 2, 2013, the Defendant introduced himself/herself as if he/she works in the tax accounting office at the mutual infinite coffee shop located adjacent to the Seoul Gangdong-gu Seoul Metropolitan Government D building, and made a false statement to the effect that “In case of the transfer of the above building, the normal transfer income tax does not reach KRW 8-900 million, but if he/she takes charge of it, he/she would pay only KRW 4-500 million, half of the transfer income tax.”
However, in fact, the defendant did not work in the tax accounting office, and even if he received money from the victim, he thought to use it for personal purposes, not for securing tax data, so eventually, he did not have the intention or ability to reduce the transfer income tax to be paid by the victim.
The defendant, on February 27, 2013, around 10 million won and the same year, under the pretext of business promotion expenses for the victims of damage.
3. 17 million won around 19.1 billion won, and the same year.
4. 26. Minority KRW 12 million, and the same year.
5. 5 million won around 13. 5 million won, and the same year.
6. The same year in which KRW 10,000,000 was collected respectively from around 19.1 and around March 28, 2013;
5.6. around 10 million won was remitted to each one bank account at its own expense.
Accordingly, the Defendant, by deceiving the victim as above, obtained a total of KRW 84.5 million from the victim and acquired it by fraud.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of E in the protocol of interrogation of the suspect against the accused by the prosecution;
1. The details of telephone conversations with E, F, G, and H among the fourth police interrogation protocol against the accused;
1. Statement 1 and 2 times with respect to E;
1. Statement made to I by the police;
1. A complaint filed by E;
1. A factual confirmation of E;
1. A copy of a certified tax accountant title who provides tax counseling and files a tax return;
1. A copy of a detailed statement of tax calculation and a copy of a tax payment receipt;
1. A copy of a receipt or letter of name (No. 3 of the evidence list);
1. Receipts (Nos. 4, 6, 8, and 9 in list of evidence);
1. A certificate of deposit in the passbook and a copy of the passbook (No. 5, 7 No. 1);
1. Details of financial transactions;
1. Application of Acts and subordinate statutes to report on investigation (to hear statements from a witness J phone);
1. Criminal facts;