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(영문) 부산지방법원 서부지원 2018.05.02 2017고단2112
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At the construction site located in Busan-gun, the Defendant owned the Busan-si Busan-si Highway C, and engaged in the construction equipment leasing business, and D, as the deputy head of the injured Party E (hereinafter “victim E”), was in charge of accounting, such as the management of expenses at the construction site and the application for gold payment.

D has received a false tax invoice from the articles, planned to obtain false equipment rent from the damaged company, and planned to obtain it, and requested the defendant to seek false tax invoice, and the defendant asked the defendant to collect false tax invoice. The defendant thought that he will recruit articles to issue false tax invoice by accepting it.

On October 2014, the Defendant made a call to F, an engineer of the scambling season at the construction site, and asked F, “The issuance of false tax invoices and the receipt of money from the victimized Company,” to the Nonghyup Bank account (G) in the name of the Defendant.”

On October 19, 2014, the Defendant received false tax invoices in which KRW 2,420,000 was issued from the FF consenting to the issuance of them, and the Defendant sent KRW 2,420,000,000, excluding taxes, to D’s account on the same day after receiving KRW 2,420,000 from the victimized Company to the Nonghyup Bank account in the name of F (H) around December 19, 2014.

Accordingly, in collusion with D, the Defendant, by deceiving the victimized company as above, received money from the victimized company as the rent for equipment, from the victimized company on or around December 19, 2014, and acquired it by defrauding it, and then received total of KRW 303,623,50 over 51 times from around that time to December 30, 2016 by means of the aforementioned method as shown in the crime list as shown in the attached Table from around December 19, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. I, J, K, L, M, N,O, F, P.

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