특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
A defendant shall be punished by imprisonment for a term of three years and by a fine of forty-five thousand won.
When the defendant does not pay the above fine.
Criminal facts
The Defendant is a person who has engaged in gold bullion wholesale business on the second floor of Jongno-gu Seoul Metropolitan Government D shopping mall from January 2013 to July 2015.
around May 7, 2015, the Defendant issued or received a false tax invoice of KRW 209,200,60 in total amount of 4,254,674,180 on 18 occasions from May 20, 2015, including that the Defendant pretended to have received goods or services supplied without being supplied by F (hereinafter “F”) from F (hereinafter “F”) and received false tax invoices of KRW 209,200,60 in total from F, as shown in the attached list of crimes, from May 20, 2015.
Accordingly, the Defendant issued or received false tax invoices of KRW 4,254,674,180 in total for profit-making purposes.
On April 30, 2015, the Defendant called the Victim G on April 30, 2015, “2018 Gohap 234”, despite that the Defendant did not have any intent or ability to repay the principal and interest even if he/she borrowed money from the damaged party by borrowing the money of KRW 1.3 million from another person due to business difficulties at the time of management, he/she would make the interest of KRW 1.1 million per week by borrowing the money of KRW 1.1 million per week.
The principal was false to the effect that the principal shall be returned at any time if necessary.
Ultimately, the Defendant, by deceiving the victim as above, received the total sum of KRW 130 million from the injured party, KRW 130 million from the total sum of KRW 130,000,000 from the E office in the operation of the Defendant’s location of Jongno-gu Seoul Metropolitan Government H on the same day.
The Defendant, on June 30, 2015, “E” operated by the Defendant, on June 30, 2015, owns the Gad Co., Ltd. in the judgment of the victim B representative director C, and the conclusion and performance of a sales contract between the Defendant and the above corporation was made in the name of the said corporation (Evidence 12 through 26). The victim of the crime of fraud in the judgment is B, and is the victim of the crime of fraud.