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(영문) 수원지방법원 2016.05.12 2015고단5833
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 6, 2003, the Defendant, from around April 200, operated Co., Ltd., Co., Ltd. (hereinafter “C”), entered into an agreement with the Industrial Bank of Korea of Korea on the loan limit of KRW 100 million. The above agreement had characteristics such as guaranteeing from the Korea Credit Guarantee Fund up to KRW 85,00,00,00, based only on the supplier’s tax account, and failing to confirm the actual transaction and the source of the purchase fund.

Around January 2009, the Defendant used the fact that the above corporate purchase financing loan was made on the basis of only the tax invoice of the delivery company and used it as a formal loan. The Defendant issued the tax invoice as if he sold it to E, and again, received a false tax invoice from E as if C was supplied with KRW 99,700,000,000, which was purchased from the third party by C, and used it as a loan to use it for the repayment of the company’s obligations.

The Defendant issued a tax invoice to E’s representative director D (Suspension of Prosecution on the same day) of E, a corporation, which was known to and around January 10, 2009, to D (Suspension of Prosecution on the same day) with the Defendant: (a) although he did not purchase the tax invoice equivalent to KRW 99,70,000 from C, the Defendant did not have purchased c’s chickens amounting to KRW 99,70,00; (b) the Defendant issued a tax invoice to E with the amount of KRW 99,70,000 “A: a corporation and a supplier: a corporation: a corporation and a supplier: a corporation: a corporation: a corporation and a supplier: a corporation: a corporation; a corporation; a corporation; a corporation; a corporation; a corporation; a corporation; a corporation; and a corporation; and (c) a corporation’s employee; (d) a corporation request a tax invoice in the name of E in the name of E; and (d) requested a tax invoice to be issued in the name of E.

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