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(영문) 대구지방법원 2018.03.15 2017고단3603
특정범죄가중처벌등에관한법률위반(알선수재)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2012, the Defendant: (a) knew of the fact that the Victim C inherited property due to the death of his wife D and voluntarily reported to the same Daegu Tax Office an amount equivalent to KRW 1.5 billion inheritance tax; (b) that the said tax office conducted a tax investigation on the inherited property of the victim on March 2013; and (c) had been aware of the fact that the said tax office conducted a tax investigation on the inherited property of the victim on March 2013.

Therefore, on April 2013, 2013, the defendant is required to find out the victim's "where there is no person who knows in the tax office" at the coffee shop in the Daegu-gu E-gu building.

After doing so, “I have resolved about v.g., tax investigation” at the end of April 2013.

It is necessary to pay KRW 120 million at the expense.

The fact that is found in cash has been found to be 1000 000

"", and on May 2, 2013, "the foregoing value is also necessary."

“.....”

However, in fact, the defendant was planned to use the money from the damaged person for his personal purpose, such as living expenses, and did not have the intention or ability to take measures, such as royalties, against tax officials' tax investigations.

Nevertheless, on May 2, 2013, the Defendant, by deceiving the victim, was given KRW 9,00,000,000 to the victim as security at the said coffee shop, and was given KRW 2,00,000 as security, respectively. On May 3, 2013, the Defendant was given the victim’s employee F of the victim’s company on the pretext of cash 3,00,000 won.

Accordingly, the defendant received a total of KRW 125 million on the intermediation of matters belonging to the public official's duties and acquired it by fraud.

Summary of Evidence

1. Each legal statement of witness C, G, and F;

1. Part concerning C’s statement concerning the suspect interrogation protocol against the defendant

1. Each police statement with respect to C and F;

1. Head of a Tong (In the case of a bank), Nonghyup Bank (In the case of a passbook), nine copies of a check (in the case of KRW 9,000), notice of the results of the tax investigation, standard of income and taxation, calculation details of the amount of tax, details of determination of inheritance tax, confirmation document (in the case of a bank distribution complex),

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