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(영문) 서울북부지방법원 2017.01.19 2016고정2109
사기등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall receive or promise to receive money, valuables, entertainment or other benefits under the pretext of solicitation or arrangement for cases or affairs handled by a public official.

Nevertheless, at around 17:00 on March 2, 2016, the Defendant disposed of apartment buildings and was at the point of “D” in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, about the payment of transfer income tax.

E It is intended to allow payment of less than ordinary taxes through a certified tax accountant who is well aware of within the country or to ensure that the tax is not imposed.

In the event that tax is imposed less, 10 million won is paid as a fee for it, and 17 million won is changed to a fee if tax is not imposed," and "transfer tax payment agreement" was prepared.

Accordingly, on the 10th of the same month, the Defendant received money and valuables from the new bank Samsung branch in Seongbuk-gu, Seoul, in the name of accepting KRW 7 million from E to make a solicitation or mediation for the cases or affairs handled by public officials.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Part concerning the statement in E in the suspect interrogation protocol against the defendant

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on the transfer tax payment agreement;

1. Relevant legal provisions and Article 111 (1) of the Act concerning facts constituting a crime by an attorney-at-law who has selected a punishment;

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

1. The late text of Article 116 of the Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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