Defendant shall be punished by imprisonment for not less than two years and six months and by a fine not exceeding 3,00,000,000 won.

The defendant does not pay the above fine.

Punishment of the crime

[criminal power] On October 25, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Labor Standards Act and two years of suspended execution in the Daegu District Court’s Ansan Branch, and the judgment became final and conclusive on November 2, 2012.

【Criminal Facts】

The Defendant is a representative director of D Co., Ltd. (hereinafter referred to as D) who actually operated E Co., Ltd. (hereinafter referred to as “E”) established on March 17, 2003 for the purpose of constructing apartment-type factories.

In order to secure a new site for the construction of a factory in early 2003, the Defendant tried to purchase the land located in Guro-gu Seoul Metropolitan Government (hereinafter “instant land”) under the name of E, the only property of the F Co., Ltd. (hereinafter “F”), which was the F Co., Ltd. (hereinafter “F”). However, the Defendant proposed that the Defendant acquire the F Co., Ltd. in entirety, on the ground that the F Co., Ltd., a representative director and the actual shareholder, sell the instant land only on the ground that the corporate tax is imposed in an amount equivalent to KRW 2.6 billion and that the major shareholder, who is the major shareholder, should pay the corporate tax. In the event of transfer of shares, the capital gains tax of KRW 1 billion and the securities transaction tax of KRW 50 million are imposed

However, during the period of 1976 when the Defendant was responsible for underwriting of F shares on the ground that contingent liabilities, etc. could occur, I, from around 1976, worked for a long time as a tax official of the National Tax Service and was well aware of the tax law, was exempted from the taxation liability of H himself as the F major shareholder by disposing of F’s entire stocks to a third party before he sold the instant land to E, and suggested F to sell the instant land to E, but the Defendant and H agree to use the method of reducing the funds deposited in the F account under the name of the purchase price to the Defendant and paying the F to H as the purchase price for the said stocks. By introducing the JJ, a tax accountant, to deal with the practical affairs, the Defendant embezzled funds from I, J and F, and will be imposed on F.