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Defendant B shall be punished by imprisonment with prison labor for ten months, and by imprisonment with prison labor for six months.
Defendant
B 6,170,000 won;
Reasons
Punishment of the crime
1. Defendant A, around August 2014, at a retail business office, such as clothing, etc. of the victim D, which is operated by the victim D in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, Seoul. At that time, Defendant A received notice of tax investigation from the tax office on the grounds that there is doubt about the past transaction of non-data of the said “E” and received notice of tax investigation, etc., from the damaged party that he would be likely to collect more than KRW 300 million of the value-added tax. As a result, Defendant A was able to resolve the problem of additional tax, and the victim would be able to resolve the problem of additional tax, without paying the value-added tax, by allowing the victim to pay the value-added tax. In addition, Defendant B introduced B to the victim of Incheon Il-gu, the victim, who was a public official, thereby making it possible for B to resolve the problem of additional tax by using the connection with the public official.
However, at the time, the Defendant did not have any intention or ability to prevent the Defendant from imposing any additional tax on the victim. The Defendant did not appear to have been a public official solely on the ground that the Defendant was the reporter B, who is the Defendant’s seat, and there was no discussion on how to resolve the victim’s additional tax issues in detail with B, and there was no discussion on how to resolve the victim’s additional tax issues through B, and there was no intention or ability to resolve the victim’s additional tax issues even if he was paid the amount from the victim, and there was only a demand for the victim’s money to prepare personal necessary money, such as his own cost of living at the time.
Ultimately, the Defendant, by deceiving the victim as above, received 8.7 million won from the victim to the Agricultural Cooperative Account in the name of F, the Defendant’s seat on August 14, 2014, under the pretext of expenses for resolving the extra tax problem of the victim, and subsequently, received 8.7 million won in cash from the victim’s office around September 29, 2014.