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(영문) 대전지방법원 2015.06.18 2015고합60
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

Defendant is punished by imprisonment with prison labor for 6 months for the crimes of No. 2015 or 111-4 of the Decision 2015 or 60, 2015 or 111-1, 201.

Reasons

Punishment of the crime

[criminal power] On December 27, 2007, the Defendant was sentenced to seven months of imprisonment for embezzlement, etc. at the Changwon District Court on January 15, 2008, and the execution of the sentence was terminated. On December 2, 2010, the Daejeon District Court sentenced six months of imprisonment for fraud, which became final and conclusive on February 24, 201, and the execution of the sentence was terminated on December 13, 201. On October 23, 2014, the Daejeon District Court sentenced ten months of imprisonment for embezzlement, etc. and became final and conclusive on January 29, 2015.

【Criminal Facts】

around January 2014, the Defendant: (a) placed the name plates under the name of D representative E in the invoice form without authority in the supplier column for the purpose of exercising the name plates at the Defendant’s office located in Ycheon-si, Jeoncheon-si; and (b) affixed the E seal on the name side of E; (c) entered the recipient, date of preparation, and item column; and (d) delivered the name plates to F around that time.

As a result, the Defendant, including forging and using one invoice in the name of E on rights and duties or certification of facts, has used the invoice under the name of another person 27 times in total as shown in the attached list of crimes.

"2015 Gohap11"

1. On September 24, 2013, at around 17:00, the criminal defendant against the victim G made a false statement by phone call to the victim G engaged in the wholesale business at the Haan-gun H located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, for a false statement.

However, the defendant did not have the intention or ability to pay the price even if he was supplied with the service from the victim.

The Defendant was supplied by the victim with KRW 10 million.

Accordingly, the defendant was given property by deceiving the victim.

2. The facts of fraud against the victim I expressed that even if the defendant borrowed money from the victim I, he will return half of the profits to the victim by providing funeral services.

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