A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On August 10, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for violating the Punishment of Tax Evaders Act, etc. by the Incheon District Court, and the judgment was finalized on November 6, 2017.

【Criminal Facts】

On November 26, 2015, the Defendant, at the office of “C” located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, prepared a written application from “C” corporation, a telecommunications company, to open one unit of gallon 51 and Samsung 43-person TV to be used as a combined product, and issued it to the said victim.

However, in fact, the Defendant merely attempted to receive the money promised by the said “C” employee without having the intent to actually use the said goods by neglecting the account in the name of the principal where the installment of the said goods is automatically transferred, but did not have the intent or ability to pay the said money.

As above, the Defendant, by deceiving the victim, acquired 1,798,800 won or more in a gallony 51 unit and Samsung 43 unit TV by means of acquiring the said “C” staff and having them dispose of at will.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A complaint;

1. A detailed statement of charges, on the computerized face of an application for membership, the grounds for impossibility of withdrawal, and a detailed statement of charges for other communications companies in arrears;

1. Previouss before ruling: Application of each one of the following Acts and subordinate statutes to criminal history records, Konet case search results (in Incheon District Court 2017No3074), written judgments (in Incheon District Court 2017No3074, Incheon District Court 2016 Height9079);

1. Relevant Article 347 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (2) of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Circumstances favorable to sentencing under Article 62(1) of the Criminal Act: The defendant is against the recognition of the instant crime.

The amount of damage is not a large amount.

In the concurrent relationship between the crime of violation of the Punishment of Tax Evaders Act and the latter part of Article 37 of the Criminal Act, it shall be judged simultaneously.