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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] On July 11, 2019, the Defendant was sentenced to imprisonment with labor for two years and fines of 3.2 billion won in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery, etc. of False Tax Invoice) by the Daegu High Court, and the said judgment was finalized on August 30, 2019.
【Criminal Facts】
The Defendant is a person who operates C (hereinafter referred to as “C”), E (hereinafter referred to as “E”), or G Co., Ltd. (hereinafter referred to as “G”) located on the 15th floor of the Daegu Northern-gu building B, which is located on the 15th floor of the building, and is engaged in the business of managing and supervising the fund and the whole business sector of each company.
1. On November 10, 201, the Defendant: (a) established the Victim C on December 26, 201; and (b) established the Victim G on March 24, 2015; (c) registered his or her wife, punishment, and paper as an employee by using his or her position while operating his or her business; and (d) fraudulently registered his or her wife, punishment, and paper with the intent to embezzled the funds of the victims under the pretext of salary.
The Defendant, in collusion with H on December 10, 2013, embezzled KRW 42,194,550 by the same method over 26 times as indicated in the annexed crime list (H) from the time until January 20, 2017, when he/she falsely listed C with H as the employee of H, notwithstanding that he/she is not an employee of C, and then transferred KRW 1,381,440 to the account in the name of H for a monthly salary, and then embezzled KRW 42,194,50 in the same way as indicated in the annexed crime list (H).
B. The Defendant, in collusion with I on August 10, 2016, falsely listed I as C’s employee in collusion with I, even though I is not an employee of C, following the Defendant’s personal consumption of KRW 880,900 in the victim C’s funds under his/her occupational custody for monthly salary, from that time until January 20, 2017, as indicated in the Schedule of Crimes (I).