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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 30, 2016, the Defendant issued a tax invoice to the victim D who operates the building lease business within the C Hospital funeral ceremony located in the Sinsi-si Si of Yong-si on May 30, 2016, as if he prepared a contract and paid construction expenses as if he did not work without construction, and prepared a false contract, and then paid the relevant amount in the name of the passbook as if he paid the construction expenses.
The value-added tax that occurs at this time shall be exempted from remitting to a separate passbook in the name of the head of the Tong.
In addition, the name of the head of the passbook and the head of the passbook who deposits the false construction cost are false, so it is possible to deposit money and withdraw money.
However, even if the defendant receives money in the name of the contract price related to a false contract contract from the injured party to the account in the name of the defendant, he did not have any intent or ability to return the money by withdrawing the money immediately after reporting the loss to the account under the name of the defendant, and only he thought to be used for the defendant's debt repayment, father's hospital expenses, establishment funds of the corporation established by the defendant, and so on.
As such, the Defendant, by deceiving the victim and remitting the amount of KRW 1,30,000,000 to the Saemaul Treasury Account (number E) opened in the name of the Defendant under the pretext of value added to the false contract agreement, to receive KRW 2,50,000 from May 31, 2016, KRW 6.8 million around June 3, 2016, KRW 3 million around June 5, 2016, and KRW 2,00,000 around June 14, 2016, respectively. On June 20, 2016, the Defendant received transfer of the amount of KRW 88,00,000 in total from the Saemaul Depository Account (number F) opened in the name of the Defendant as false construction cost related to the false contract agreement.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Construction contract, copy of passbook, and transfer result;