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(영문) 서울중앙지방법원 2014.01.24 2013고단5331

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On December 27, 2012, the Defendant was sentenced to the suspended sentence of two years and a fine of seven hundred million won in the Seoul High Court on one year and six months, due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery, etc. of False Tax Invoice) and the said judgment became final and conclusive on March 15, 2013.

【Criminal Facts】

"2013 Highest 531"

1. The Defendant is a registration director of D Co., Ltd. (hereinafter referred to as “D”) who is a company that removes waste materials at the construction site and wholesale and retail business, and E is a person who is engaged in removal and wholesale and retail business of waste materials (including scrap metal and non-ferrous metal), and F is the representative of G (hereinafter referred to as “G”).

around August 2010, the Defendant, E, and F entered into a contract for the removal and removal of the I building in the name of G and the price 200 million won after entering into a contract with H on September 3, 2010 for the removal and removal of the I building in the name of Yeongdeungpo-gu Seoul (hereinafter “J”) and that K Co., Ltd. (hereinafter “K”) was awarded a subcontract for the removal of the I building materials and the installation of a new cable. However, since around August 2010, D acquired only the scrap metal volume from G, it was intended that D will acquire only the scrap metal volume, but D will supply the most waste materials to the many kinds of waste business operators as if D had secured all the volume of the I building materials (including electric wires) and will receive the down payment or advance payment.

Accordingly, Defendant, E, and F stated that they would sell all materials for remodeling construction works of I building secured in D from August 2010 to M, the representative director of L Co., Ltd. (hereinafter “L”), and concluded a contract with L on September 3, 2010 with a view to selling the non-refinite, non-refinite, etc. for KRW 500 million between L and L, but the subject and the amount of sale increase after the conclusion of the contract, the entire waste materials, such as scrap iron and work iron, including waste electric wires, for KRW 3.5 billion.