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(영문) 인천지방법원 2017.08.10 2016고단9079

조세범처벌법위반등

Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the charge of larceny against the victim C.

Reasons

Punishment of the crime

[2016 Highest 9079] The Defendant was sentenced to imprisonment with prison labor for a violation of the Game Industry Promotion Act at the Incheon District Court on September 1, 2011, and completed the execution of the sentence at the astronomical Prison on February 21, 2012.

[Criminal facts]

1. The Defendant in violation of the Punishment of Tax Evaders Act is the operator of “D” aimed at transporting machinery and assembling services.

On October 5, 2013, the Defendant issued a tax invoice of the amount equivalent to KRW 1,829,034,650,00 in total supply value to F Company, as if the Defendant supplied goods or services to F Company, although there was no fact that the Defendant supplied goods or services to F Company, the Defendant issued a tax invoice as if the Defendant supplied goods of KRW 7,50,000 in supply value to F Company, and from that time, issued a tax invoice of the amount equivalent to KRW 1,829,034,650 in total for 41 companies by 122 times until June 30, 2015.

[2017 Highest 2186]

2. Larceny;

A. On August 30, 2016, the Defendant: (a) withdrawn and stolen the cash payment amounting to KRW 12,00,000,000,000 owned by the Defendant’s National Bank Co., Ltd., the Defendant, as indicated in the facts charged on the dismissal of the prosecution, by collecting and inserting a debit card under the name of C, which was stolen, and inputting a password prior to the entry, at the rest of the 116 Young-dong-dong Incheon-dong Highway Incheon-ro, Don-do, Seoul, Nam-do.

B. On August 30, 2016, around 23:04, the Defendant released and stolen KRW 100,000,000,000,000,000 from the victim’s plane manager, by inserting a stolen debit card into the cash payment machine established at the FFF branch in Gyeyang-gu, Gyeyang-gu, Incheon Metropolitan City, and inputting the password, which was known in advance.

(c)

The Defendant’s cash payment means to collect a stolen debit card and enter the password known in advance, as above, at the cash payment means established at the effective point as indicated in B/L around August 31, 2016.