A defendant shall be punished by imprisonment for not less than eight months.

However, 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 March 4, 2005, the Defendant entered into a contract to sell at KRW 1,600,000 square meters of land owned by the Defendant to E in the D Real Estate Office located in Sung-si Co., Ltd, and completed the registration of ownership transfer in the name of E on May 26, 2006.

Around May 11, 2006, the Defendant prepared a “a bearer contract” in which the purchase price was lowered to KRW 450,000,000 for the purpose of evading capital gains tax, and on July 31, 2006, the Defendant reported the capital gains tax to Sungnam Tax Office on the basis of the purchase price under the said multilateral contract, and the period for filing a final return on the capital gains tax base was expired on May 31, 2007.

As above, the Defendant evaded capital gains tax of KRW 293,045,509 by unlawful act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each statement of the witness G (fourth) and witness H (fourth) in the protocol of the instant case;

1. Statement of the police officer to I;

1. Written accusation, decision and decision of the Tax Tribunal;

1. Each sales contract, each contract, and each written confirmation;

1. Notice of a certified copy of each register and results of cadastral adjustment;

1. Application of Acts and subordinate statutes notifying taxation data of capital gains tax;

1. Article 9 (1) 3 of the Punishment of Tax Evaders Act (amended by Act No. 9919, Jan. 1, 2010) and the former Punishment of Tax Evaders Act (amended by Act No. 9919, Jan. 1, 2010);

1. Article 62 (1) of the Criminal Act suspended execution (In consideration of the size of the tax evaded and whether the tax is paid finally);

1. Social service order under Article 62-2 of the Criminal Act;