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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant is a person who operated a machinery manufacturing and parts processing corporation under the trade name “D” in Suwon-si, Suwon-si C and 502 Dong 110, and the victim E is a person who was in charge of accounting affairs as the head of the team at G Co., Ltd. located in Suwon-si F.
On December 2, 2016, the Defendant decided to deliver a false tax invoice to G in the name of D to the victim, and issued one copy of the false purchase tax invoice equivalent to KRW 33,880,000 to the supply price to the victim around January 2, 2017, and then made a phone call to the victim around February 2017, “In order not to be suspected of being a false tax invoice from the National Tax Service, there is a financial transaction statement consistent with the tax invoice.”
Therefore, it is intended to transfer the amount entered in the tax invoice to another account immediately if it is transferred to the head of the Tong.
There is a fact that around March 30, 2017 received KRW 33,165,00 from the injured party on deposit and then forwards it to the victim again, and there is a fact that there is a false statement of tax purchase to the victim.
On April 2017, the Defendant would transfer the amount recorded in the false tax invoice to the account within 30 minutes per week by depositing the amount recorded in the false tax invoice to the account at the above corporation G office.
“The phrase “ was false.”
However, in fact, the defendant did not intend to immediately withdraw money from the damaged person and to transfer money from the injured person even if he/she received money from the injured person.
Around May 12, 2017, the Defendant, by deceiving the victim as above, received KRW 58,100,000 from the Agricultural Cooperative Account (Account Number: H) in the name of the Defendant from the victim, and acquired it by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Tax invoice;
1. Details of each account transaction;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.