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Defendant
A shall be punished by imprisonment with prison labor for a period of two and a half years, and by imprisonment for a period of two years.
except that from the date of this judgment.
Reasons
Punishment of the crime
Defendant B is a person who operated C, and Defendant A was a person who operated D.
Defendant
B issued a financing bill of amounting to KRW 100 million to Defendant A from 2016, and Defendant A received a discount from a third party after endorsement, and deposited this in Defendant B.
In the meantime, the net income of Defendant B’s operation from KRW 46,2830,00 to KRW 2,3960,000 in 2017. On January 1, 2018, Defendant B was subject to the tax amount of KRW 362,70,000 in total due to the correction of the tax based on the result of the personal integration investigation. The Defendants had no intent or ability to pay the amount at the time of the issuance of the financing bill around 2018, since the Defendants continued to issue the financing bill to settle the issued bill and received a discount.
Nevertheless, the Defendants continued to issue a financing bill and agreed to receive a discount, and Defendant B issued a bill of exchange (E) around April 5, 2018, and Defendant A received a discount of the amount equivalent to KRW 824,986,000 from the victims on the same day as the victim F on April 6, 2018, by offering that “the bill shall be issued at the maturity of the discount of the bill.” On the same day, Defendant A received a discount of the amount equivalent to KRW 86,650,00 from the victims on April 6, 2018, and received the said amount by receiving the said discount of the bill from the victims on the same day, from July 20, 2018.
As a result, the Defendants were informed of the victims and received property.
The defendant A is an operator of D in Daegu-Gun G, who runs a manufacturing business, etc. using four regular workers.
When a worker retires, the employer shall pay wages, compensations, and other allowances within 14 days from the date on which the cause for such payment occurred.