Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From July 201 to July 2015, the Defendant is a person who actually subcontracted an electrical construction that was ordered to be subcontracted to (State) E’s inner name located in Songpa-gu Seoul Metropolitan Government (State), and (State) E’s electrical construction that was ordered to be subcontracted to the Defendant.
Around August 2011, the Defendant, who was awarded a contract by the Korea Land and Housing Corporation (State) E, issued a false tax invoice with the amount less than the price of the actual supply of the safety product to G who supplied the safety product to G, and submitted it to the victim through E, to obtain the safety management fee corresponding to the difference.
Accordingly, on August 201, 201, the Defendant issued a false tax invoice, which was unfasible as if he purchased safety shoess equivalent to KRW 4,825,00 in total, safety appearance, and safety booms, etc., at the construction site of “F Apartment Electrical Construction 10 Tools” located at H located at O in O in O in Osan-si, and submitted it to the victim who is unaware of such circumstances through E (State).
Around August 2011, the Defendant: (a) by deceiving the victim; (b) obtained the victim’s 2,040,000 won (=4,825,000 won - 2,785,000 won) from the victim; and (c) obtained the victim’s 29,732,160 won in total on 29 occasions from that Si to June 2015, as stated in the list of crimes in the attached Table.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by each prosecutor with respect to J, K and L;
1. A protocol concerning the examination of the police officer in G;
1. Each police statement made with respect to M and N;
1. Agreements on electrical construction services, etc.;
1. A comparison table for management expenses of the O safety;
1. Tax invoice;
1. Application of Acts and subordinate statutes to the data on maintenance expenses for construction of F apartment;
1. Article 347(1) of the Criminal Act and Article 347 of the Criminal Act as to the facts of the crime, and the choice of imprisonment.