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Defendant
A Imprisonment with prison labor for each of the crimes of 1 and 2 set forth in the judgment of the court below for 10 months, and for each of the crimes of 3 years set forth in the judgment of the court below, the defendant.
Reasons
Criminal facts
[2015 Highest 899 - Defendant A] On November 14, 2013, the Changwon District Court sentenced the Defendant to a two-year suspended sentence of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Changwon District Court, which became final and conclusive on November 22, 2013.
The defendant is an operator of 'H' in Kimhae-si G.
1. Around May 31, 2012, the Defendant issued a false tax invoice to I, even though there was no fact that the Defendant supplied a short article to I (business operator number: J and representative: K). However, as if he supplied a short article equivalent to KRW 196,40,000, a false tax invoice was issued to I.
In addition, from around that time to September 30, 2012, the Defendant issued four copies of false tax invoices equivalent to KRW 572,100,000 in total supplied value to I like the previous list of crimes (1).
2. On January 31, 2012, the Defendant received a false tax invoice, and the Defendant was issued a false tax invoice as if he received materials equivalent to KRW 80,200,000 from L, although he did not receive materials from L (business operator number: M and representative: N).
In addition, from around that time to November 30, 2012, the Defendant issued 13 copies of the false tax invoice amounting to KRW 1,323,962,20 from L, such as the previous list of crimes (2).
[2016 Highest 1908 - Defendants]
3. Defendant B is the representative director of P (State) located in Kimhae-siO, and Defendant A served as a managing director of P (State) from June 2014 while serving as a director of Q (State).
Defendant
B obtained a loan of KRW 100,00,000 from the Small and Medium Business Corporation around June 26, 2013, and offered as security one machine of “R (R: HF-3-PK)” owned by P as collateral. As such, the Defendants faithfully manage and keep one machine, which is a collateral, so that the secured right holder can achieve the purpose of the collateral.