Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a representative attorney belonging to law firm B.

Around 14:00 on January 12, 2018, the Defendant made a false statement to the effect that “The Defendant shall pay tax to the Defendant who is the head of a middle school building and C, by phoneing to the said victim at a non-permanent school,” and that “on February 20, 2018, if the Defendant borrowed KRW 20 million, he/she shall be repaid without molding until the end of February 2018,” and that he/she received a remittance from the said victim under the pretext of borrowing KRW 20 million from the new bank account in the name of the law firm B around 14:55 on the same day.

However, in fact, while the Defendant was liable to pay the above amount of KRW 100 million at the time, monthly income was less than KRW 3 million, and the law firm representativeed was also in difficult condition to pay taxes. Even if the Defendant borrowed money, it was required to use it for the repayment of the above individual debt without using it for the payment of delinquent taxes, so there was no intention or ability to pay the above amount of money.

Accordingly, the defendant deceivings the victim as above, thereby deceiving 20 million won.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. The details of transactions by account in the police statement statement statement with respect to C, the assessment of corporate tax and the details of tax payment;

1. The application of Acts and subordinate statutes to the investigation report (the details of payment of income tax for a suspect), the written request for cooperation with an investigation and reply;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;