Defendant shall be punished by a fine of KRW 6,000,000.

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

Punishment of the crime

Around June 30, 2016, the Defendant entered into a contract on behalf of the victim D to purchase KRW 172,50,000 of land in Incheon Dong-gu E and F from the victim D in lieu of the transfer income tax to be borne by the victim due to the sale and purchase of the above land.

On August 26, 2016, the Defendant stated that “H” points located in Dong-gu Incheon Metropolitan City G, stating that “The Defendant would pay the victim KRW 34,558,410,00, equivalent to the income tax to be imposed on KRW 172,50,000 for the land purchase price, by August 30, 2016, the Defendant made a false statement that “The registration for the transfer of ownership of the said land is changed.”

However, the defendant did not have the intent and ability to pay the money equivalent to the transfer income tax even if the injured person has registered the transfer of ownership as above.

In light of the evidence record of KRW 34,558,410, which is indicated in the facts charged, the Defendant deceiving the victim as above, and caused the victim to register the transfer of ownership in the name of C around August 26, 2016, and thereby C to register the transfer of ownership in the name of C, it is evident that the “32,558,410 won” as indicated in the facts charged is a clerical error.

A significant amount of proprietary benefits has been gained.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made to I by the police;

1. A complaint filed in D;

1. Application of Acts and subordinate statutes on certificates of all registered matters (13 pages of evidence records), each real estate trading contract (21 pages, 44 pages of evidence records), promissory notes, and transfer income tax receipts and disbursements;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (2) and Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant committed the instant crime during the period of repeated crime that the Defendant should be aware of, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, of the order of provisional payment.

No amount of damage shall be substantial.

The defendant has nine times of criminal punishment, and among them, has two times of criminal records of criminal punishment for the same kind of crime according to the concurrent disposition.