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(영문) 대구지방법원 2019.01.10 2017고단5576
무고등
Text

Defendant

A Imprisonment with prison labor for ten months, for one year and six months, and for three million won, for Defendant C, respectively.

Reasons

Punishment of the crime

[2] [Status of Defendant B] Defendant B is the representative director of Defendant C Co., Ltd. (hereinafter “C”) established for the purpose of the concrete manufacturing business, etc. in Kimcheon-si around December 1, 2009, and Defendant A was appointed as the director of the above C’s internal director around September 26, 2013, and was working as the vice president of the above C’s financial affairs from November 1, 2013.

【Criminal Facts】

1. No person who commits a joint crime by Defendant B or A shall issue or be issued a false tax invoice without supplying or being supplied with goods or services;

Nevertheless, in order to obtain loans from financial rights, Defendant B and Defendant A issued a false tax invoice and conspired to make up for the sales of the above C.

On December 4, 2014, the Defendants issued a false tax invoice of 344,225,941 won in total, from that time until December 31, 2014, even though the Defendants did not supply E Co., Ltd. with concrete protection and retaining wall block equivalent to KRW 28,140,000, in spite of the fact that the Defendants supplied E Co., Ltd. with concrete protection and retaining wall block equivalent to KRW 28,140,000, and issued a false tax invoice of 344,225,941 in total, as shown in the separate sheet of crime, from that time until December 31, 2014.

2. Defendant C Co., Ltd. issued a false tax invoice as above with respect to the Defendant’s business at the same date, time, and at the same place as the preceding paragraph.

3. Defendant A: (a) around February 6, 2017, at an attorney-at-law law office located in Suwon-gu, Daegu-gu, Daegu-ro 77-ro 77-gil 7; (b) for the purpose of having the said attorney B take criminal punishment; (c) for the purpose of having the said attorney B, the Defendant drafted a written complaint against the said B, and deposited KRW 391 million into the F account under the name of the Defendant from August 2013 to April 2015; and (d) transferred KRW 354.5 million out of the account under the name of a third party.

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