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(영문) 서울북부지방법원 2016.01.14 2014고단1309

부정수표단속법위반등

Text

Defendant

A Imprisonment for two years, Defendant C shall be punished by a fine of twenty thousand won.

Defendant

C. A corporation.

Reasons

Punishment of the crime

[2014 Highest 1309] Defendant A entered into a check contract with the Korean bank branch from March 13, 2013 under the name of the Defendant and entered into a check contract with the Korean bank branch.

Defendant

A around July 11, 2013, at the “H construction site office” located in G at the pak-si, a check number I, the check amount “30,000,000”, and the date of issuance “1 November 5, 2013,” issued one copy of the check under the name of the Defendant.

On November 5, 2013, the holder of the check presented the check to the corporate bank on November 5, 2013, which was within the period for presentation, but did not pay the shortage of deposit.

In addition, Defendant A issued the check of the sum of the check amount of KRW 1,347,00,000 from that time until August 12, 2013, including the check amount of KRW 1,347,00,00 from that time, but did not receive as suspension of deposit or transaction.

[2014 Highest 3962] Defendant C is a corporation established for the purpose of liquor business, etc., and Defendant A is a substantial representative of the said corporation.

1. Although Defendant A sold alcoholic beverages equivalent to KRW 294,40,00 in the foregoing corporate office located in Gwangju-siJ on December 2, 201, Defendant A did not issue a tax invoice under the Value-Added Tax Act from that time until December 6, 2013, even if he sold alcoholic beverages equivalent to KRW 1,246,968,178 in total for 241 times, as shown in the list of crimes in the attached Table 2, and did not issue a tax invoice under the provisions of the Value-Added Tax Act.

2. The Defendant Co., Ltd., at the time and place stated in paragraph (1) above, sold alcoholic beverages as stated in paragraph (1) in relation to the Defendant’s business, but did not issue a tax invoice pursuant to the Value-Added Tax Act.

Summary of Evidence

[2014 Highest 1309]

1. Statement made by the defendant A in the first trial record;

1. The defendant;