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(영문) 광주지방법원 2017.12.21 2017고단3846
사기
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A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Criminal facts

On February 25, 2013, the Defendant, together with C, operated the victim-victim-E in the partnership business, which is a business that produces and sells feed additives in the Nam Sung-gun, Nam-gun.

On January 30, 2015, the Defendant purchased AT-1 ton by telephone to C around January 30, 2015

The Bank of Korea issued a tax invoice to G, not F, with G, and remitted the amount of KRW 18.7 million to G’s corporate bank account. On that occasion, G issued a tax invoice from G to F and paid the amount from money G to F.

However, the defendant did not purchase the AT-1 ton from F or G, and he did not purchase the AT-1 ton from GF, and even if he received the 18.7 million won from the damaged company, he thought it to be used for personal purposes such as personal debt repayment.

On January 30, 2015, the Defendant deceiving C as above and caused C to transfer the amount of KRW 18,700,000 to the corporate bank account of the G in charge of the settlement of disputes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to H;

1. Statement made by the police against C;

1. Details of transactions and results of inquiring into the details of entry and departure transactions;

1. Application of Acts and subordinate statutes governing tax invoices;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the reasons for sentencing a sentence of imprisonment, - the reason for sentencing a sentence to imprisonment - fraud committed against a partner who must have a personal trust relationship - The nature of the crime is bad - The defendant has been punished several times in addition to the punishment for fraud - The actual damaged person C wishes to deposit KRW 3 million for the recovery of damage at a trial - In the meantime, the defendant deposits KRW 3 million in order to recover damage at a trial - the court recognizes the crime and pays the damage.

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