Main Issues
The case where it is recognized that the transfer of an accusation to the National Tax Service or the Information Department of the crime of tax evasion by the victim's employees to the victim's employees is the commencement of the crime of public conflict.
Summary of Judgment
If the victim's employer asks the National Tax Service or the Information Ministry for the accusation of the victim's tax evasion by the victim's employer, it will be the commencement of the crime of attack.
[Reference Provisions]
Articles 350 and 25 of the Criminal Act
Defendant-Appellant
Defendant
Judgment of the lower court
Seoul Criminal District Court Decision 69No539 delivered on May 15, 1969
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined as follows:
The simple assertion of facts does not constitute a legitimate ground of appeal, and as at the time of the first trial supported by the court below, the defendant, like the facts, threatened the non-indicted 1 to the non-indicted 2, and reported to the non-indicted 3, an employer of the non-indicted 1, who is the non-indicted 1, for the purpose of having the non-indicted 2 deliver money and goods to the non-indicted 2, and the statement that the non-indicted 1, if the non-indicted 1 did not inform the non-indicted 2, the non-indicted 1, the secret of the (title omitted) industrial company and the non-indicted 1, and the tax evasion amounting to KRW 13 million, is transferred to the National Tax Service or the Information Department, and as long as the person transferred it to him, this constitutes the commencement of a criminal
Therefore, the appeal shall be dismissed, and the number of days of detention before the imposition of judgment shall not be added to the number of days, and it is so decided as per Disposition by the assent of all participating judges.
[Judgment of the Supreme Court (Presiding Judge) Dog-Jak Kim Gyeong-ri, Kim & Kim