A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On April 9, 2018, the Defendant was sentenced to a suspended sentence of three years and a fine of 450,000,000 won for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (issuance, etc. of False Tax Invoice) at the Suwon District Court’s Eunpyeong District Court on the following grounds: (a) on September 18, 2018, the said judgment became final and conclusive on September 18, 2018; (b) on September 26, 2017, the Defendant was sentenced to a suspended sentence of one year to imprisonment for a crime of fraud at the same court on September 26, 201

【Criminal Facts】

In December 2012, the Defendant operated the “C” of the scrap metal sales business in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, in order to issue a false tax invoice on scrap metal with no data to be purchased to the “victim D (S) who operates the same type of business,” and the victim transferred the scrap metal to the Defendant to pretend that there was a normal transaction, and then made the transaction by returning the amount excluding the fee to the victim. The Defendant committed the act of returning the amount excluding the fee, the office operating fund, living expenses, etc. to the victim who was insufficient to return the amount excluding the fee.

On June 27, 2013, the Defendant concluded that “Around June 27, 2013, the Defendant, at the office of “(State) F,” a scrap metal trader in Pyeongtaek-si E operated by the victim, the Defendant sent the victim a false tax invoice first to the other party, with the exception of the commission for the purchase data.”

However, in fact, the Defendant was thought to consume the money for personal purposes, such as living expenses, from the beginning, so there was no intention or ability to return the money to the victim.

Nevertheless, on June 27, 2013, the Defendant, by deceiving the victim as such, received KRW 64 million from the victim to the Agricultural Cooperative (G) account in the name of the Defendant, which was managed by the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

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