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(영문) 대구지방법원 2014.05.23 2013고합584
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the actual operator of D (hereinafter “D”), entered into a subcontract with the Busan Regional Construction Management Office’s order for the construction of a bonded line, and entered into a construction project with respect to the part of the soil works, etc. of the Busan Metropolitan City Construction Management Office’s order for the construction of a bonded line (hereinafter “D”) and the part of the construction works of the Daegu Metropolitan City Construction Management Headquarters’s order for the construction of the Daegu Metropolitan City.

The Defendant forged a tax invoice under the name of the subcontractor, issued a tax invoice with the false increase in the supply value from the subcontractor, and received the tax invoice with the false increase in the supply value from the subcontractor, and accordingly, failed to pay excessive construction cost by claiming the construction cost.

1. On March 28, 2009, the Defendant: (a) made F, an accounting officer of the D office located in Daegu Northern-gu, Daegu Northern-gu, a supplier, prepare a tax invoice with the seal affixed on the “G Company H”, “B”, “the total amount”, and “H” on the “supplier” column; and (b) made F, a request for payment for the completion of the construction.

Accordingly, for the purpose of uttering, the Defendant forged a tax invoice under the name of G representative H, which is a private document on rights and obligations, and forged and used the tax invoice under the name of H on April 1, 2009 by submitting and using the forged tax invoice as if it were a genuine document among around that time, from around June 30, 201 to around June 30, 201.

2. The defendant violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) shall construct a line around April 1, 2009.

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