(영문) 전주지방법원 2020.01.15 2019노1064 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2020.01.15 2019노1064

사기

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant C with prison labor of one year and two months, Defendant B, and Defendant.

Reasons

The main point of the grounds for appeal is that the victim paid money with the knowledge that it is a tax invoice different from the name of the crime list Nos. 3 and 4 in the judgment of the court below. However, the victim was aware that he would use it as labor cost by Defendant A, etc., but the defendants did not use it as labor cost.

If the defendants thought that they would claim money to the victim for the purpose of using it as personnel expenses, they did not submit a false tax invoice even if they could request the victim to submit the relevant documents or receive personnel expenses in the form of substitution for labor expenses.

Notwithstanding the above circumstances, the court below erred by misunderstanding the facts and rendering a judgment of innocence to the Defendants.

A summary of the facts charged: (a) around December 30, 2016, Defendant D requested the above employees L to issue a false tax invoice; and (b) delivered it to Defendant A by requesting the above employees L to issue a false tax invoice; (c) Defendant A submitted the said tax invoice to the victim; (d) received the said money from the victim at around that time until July 5, 2017, including the victim’s transfer of KRW 4,455,00,00, including an additional tax, from around that time to around that time; and (e) received the said money from the victim in the same manner as indicated in the attached list of crimes in the judgment of the court below, and received KRW 388,814,260, total sum from the victim until July 5, 2017.

The judgment of the court below is summarized as follows.

With respect to the 312 million won in the list of crimes in the holding of the court below, 8 million won in relation to the Nos. 4 and 312 million won in the list of crimes in the holding of the court below, the complainant M shall receive a tax invoice from the defendant A under any other name, such as material cost, etc., and it shall be paid

유사 판례

-대구지방법원 서부지원 2015.05.12 2014고단1511

-광주지방법원 2015.01.07 2014노1203

-대법원 2014. 7. 10. 선고 2013도10554 판결

-의정부지방법원 2015.11.18 2015노1834

-부산고등법원 2019.11.27 2018노549