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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
, however, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendants, while acting as a broker or intermediary for real estate, knew that the victims D sold the answer to the Hongsung-gun E and four parcels owned by the victims to the Korea Rural Community Corporation red branch, and attempted to acquire money by deceiving the victims by soliciting and arranging tax accountants or tax officials who are aware of such fact.
On October 14, 2013, the Defendants: (a) around 12:00 on October 14, 2013, up to KRW 189,000 capital gains tax to be paid to the victims D in relation to selling 1,282,89,000 won to the head of Hongsung-gun, Hongsung-gun, and 4 lots of land to the head of the Hongsung branch of the Korea Rural Community Corporation; (b) there is about 160,000 capital gains tax to be paid at the tax office; and (c) if the tax officials are well aware of the payment to them, the capital gains tax may be reduced to KRW 160,000,000 if the tax officials are well aware of the payment to them. On the other hand, at around 30,000,00 capital gains tax will be paid to the tax accountants and tax officials, and at least 30,000 capital gains tax will be settled as KRW 160,000,000.”
However, the Defendants did not have any intention or ability to reduce capital gains tax through a certified tax accountant or tax official.
The Defendants received 30,000,000 won from the victim’s agricultural bank account (H) from the victim on the same day.
As a result, the Defendants received money under the pretext of soliciting or arranging the case or affairs handled by the public officials at the same time by deceiving the victims by deceiving them.
Summary of Evidence
1. Defendants’ legal statement
1. Statement of statement to D or I by the police;
1. Written Statement;
1. A farmland sales contract, a letter of transaction, a certificate of contact details, B contact details, an account note, and agricultural bank passbook;