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Reasons
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(영문) 인천지방법원 부천지원 2017.11.24 2017고단1798
사문서위조등
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A defendant shall be punished by imprisonment for not more than ten months.

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 March 4, 2016, the Defendant demanded that the victim D issue a tax invoice on the grounds of the Defendant’s delinquency in tax payment, and had the business registration certificate and seal, but failed to issue the victim’s tax invoice in order to have the victim bear the value-added tax.

1. On July 10, 2016, the Defendant forged private documents: “16.7.10”; “G”, “H”, “I”, “I” in the supplier’s name (representative) column; “I” in the supplier’s business address column; “I”; “I” in the supplier’s business address column; “I” in the supply type column; “I”; “I” in the supply type column; “I”; “I”; “I” in the supply value column; “I2,00,000” in the supply value column; “12,00,000,000” in the “tax amount column; and “I2,00,000,000” in the product column; and “I3,20,000,000” in the product column.

Accordingly, the Defendant forged a tax invoice in the name of the victim D, which is a private document on proof of facts for the purpose of uttering.

From July 10, 2016 to December 30, 2016, the Defendant forged the tax invoice in the name of the victim D, which is a private document on the proof of facts, 16 times through the aforementioned method, as shown in the list of crimes, between July 10, 2016 and December 30, 2016.

2. On May 9, 2017, the Defendant exercised the instant investigation document as if he were a document duly formed with Chapter 16 of the falsified Tax Account (hereinafter “L”) on the part of the “L office located in K in Gyeonggi-si Kimpo-si, Gyeonggi-si, and the victim D’s tax consulting staff, who knew of the forgery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on tax invoices;

1. Relevant provisions of the Act concerning facts constituting an offense;

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