A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 8, 2016, the Defendant stated that, at the office D office of the Defendant’s operation of Seocho-gu Seoul Seocho-gu Seoul, Defendant Company B and C, the son E, who is a son in the village, there is no money to pay the tax amount of KRW 200 million. The Defendant said that, if the amount to pay taxes is leased KRW 160,000,000,000,000,000,000 won is to be paid, the Defendant would be paid off.”

However, in fact, the Defendant only planned to use money as living expenses, company operation expenses, etc. from the victim, and there was no intention to use the amount of tax related to construction works, and at the time, the Defendant was in arrears with the amount of tax exceeding KRW 1.5 billion, and there was no special property due to the creation of a collateral security right, provisional attachment, etc., on real estate in the name of the Defendant, there was no value of collateral due to the establishment of a collateral security right, provisional attachment, etc., and there was no intention or ability to pay the amount of consulting within the period agreed

On August 8, 2016, the Defendant, by deceiving the victim as above, obtained the cashier’s checks of KRW 140 million at the face value from the above Defendant’s office, cash KRW 20 million, and KRW 160 million in total from the victim’s office.

Summary of Evidence

1. Application of Acts and subordinate statutes on the account transactions in G in the name of the witness E, each record of each investigation report (data submission of suspect, each record of each record of all the registered matters, a cashier's check certificate, a copy of a passbook in the name of the J bank, and the details of account transactions in the name of the H bank;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. At the time of borrowing KRW 160,000,000 as stated in the Defendant’s argument on the Defendant’s assertion of Article 62(1) of the Criminal Act, the victim did not speak as stated in its reasoning, and had the intent and ability to repay.

2. Determination

A. The victim must resolve the tax rapidly and the victim refers to the occurrence of a large amount of money when resolving the tax only.