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(영문) 서울서부지방법원 2016.05.18 2014고합385
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A shall be punished by imprisonment with prison labor for 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

"2015 Gohap 246 - Defendant A

1. On November 2010, the Defendant: (a) as the representative director of the F Co., Ltd. (hereinafter “F”); (b) on the F’s office located in Guro-gu Seoul Metropolitan Government (hereinafter “H”); (c) on the bankruptcy proceeding of H, the Incorporated Foundation H (hereinafter “H”); (d) on the F’s office located in Guro-gu Seoul Metropolitan Government, I, the head of the F, without authority, had I, as the head of the F, enter the F’s principal into the “J”, “K” and the name (representative) column of the supplier’s registration number of a tax invoice format file using a computer in the column of “J”, “S”, “S”, “S-gu Incheon Metropolitan City’s address”, “145,00,000,000 won”, “14,500,000 won”, and “159,000,000 won” in the aggregate column, and (d) after entering the name of the new K’s seal imprint in the column.

In addition, the Defendant forged the tax invoice in the name of nine suppliers, including K, in the same place in the following manner, as shown in the list of crimes in attached Form 24.

2. On November 11, 2010, the Defendant filed an application for a final and conclusive judgment on F’s bankruptcy claims with the Seoul Central Court Bankruptcy Division located in Seocho-gu Seoul Metropolitan Government Seocho-gu, Seoul, for the said investigation document’s exercise of the said investigation document, and the head of 24 copies of the forged tax invoice were submitted as evidentiary materials as if they were duly formed.

Summary of Evidence

1. Entry of a defendant in part in the fifth public trial records;

1. Entry of part of the witnessN in the protocol of the seven-time public trial;

1. Statement made by the prosecution with regard to I;

1. Investigation report (OP statement), each investigation report (referring to witness I), the self investigation report on June 24, 2015 ( QR statement No. 27), and the investigation report (S T statement);

1. A final and conclusive judgment of bankruptcy claim investigation, a copy of the tax invoice, a copy of the certificate (U), a copy of the certificate (O), a copy of the certificate (V), a written opinion of the complainant's agent (other than a part of the opinion);

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