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(영문) 인천지방법원 부천지원 2015.10.15 2015고단386
사기
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is a person in charge of the overall responsibility for remodeling construction of the building F owned by the victim F (hereinafter referred to as the “instant building”) in Sistitu, and Defendant B is a person in charge of the wind voting construction at the time of the above construction (hereinafter referred to as the “instant construction”).

On June 7, 2010, the Defendants deceiving the victim by making a false tax invoice in return for the payment of the said remodeling construction work cost, and thus, urged the victim to receive the additional payment of the construction cost from the victim.

Defendant

B At the above temporary construction site, B prepared a false tax invoice with the amount of KRW 17,582,500,000, even if the total voting or the cost of free trade has been equivalent to KRW 17,582,500, and prepared a false tax invoice with the actual cost of raping construction around October 4, 2010, even though the actual cost of raping construction was KRW 3,000,000,000, and Defendant A submitted the false tax invoice to the victim who was unaware of the above fact.

As a result, the Defendants conspired to induce the victim as above and then received KRW 20 million on June 30, 2010, KRW 10 million on September 20, 2010, KRW 18 million on September 20, 2010, and KRW 17,417,500 on October 13, 2010 from the victim to the post office account in the name of the Defendant B [the total amount of KRW 38 million on the tax account (= the construction cost of KRW 33,00,000 on the tax account (= the construction cost of KRW 5,00,000) - The actual construction cost of KRW 20,582,500 on the cash voting) (i.e., the construction cost of KRW 17,582,50 million on the cash voting)] from the victim.

Summary of Evidence

1. Defendant B’s legal statement, Defendant A’s partial legal statement

1. Each legal statement of witness B, G and H;

1. E renovations (the details of business entity participating in the Corporation and payment of prices), the statement of post office accounts in the name of a witness I, the transaction statement of post office passbooks in the name of J, B transaction statement in the name of passbook B, tax invoice, statement of the opening and repair work cost in the name of the post office passbook B, investigation report (attached B submission of suspect B), quotation, and raping work.

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