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(영문) 창원지방법원 마산지원 2017.09.08 2017고합11
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to a suspended sentence of two years on April 14, 2016 for a crime of violation of the Act on the Protection of Juveniles from Sexual Abuse (such as purchase of sex) at the Changwon District Court on April 14, 201, and the judgment became final and conclusive on June 30, 2016.

[Criminal facts] Defendant A was the representative director of the G KG, who is a company manufacturing company located in the F of the Gyeong-gun, Chungcheongnam-gu, Daejeon, and Defendant B is the representative director of the I L L of the construction materials wholesale and retail chain in the Daejeon-gu.

The Defendants issued false electronic tax invoices and electronic bills, respectively, and solicited them to receive discount from a bank, in order to secure cash by their respective corporations due to financial difficulties, as if there were transactions between the two corporations in which the amount of 605,00,000 won is large, and safety goods and construction materials equivalent to the same amount are supplied.

Accordingly, on March 10, 2016, Defendant A received one copy of the electronic bill (bill number: J) issued 605,000,000, and submitted a false tax invoice at a discount on March 14, 2016 to the victim Nong-gun, Inc., Ltd., the Nong-gun, Inc., Ltd., which was located in 25, in the Republic of Korea, in order to receive the said bill at a discount.

However, the above bill is a loan bill issued solely for the purpose of a discount to secure cash without any transactional relation, and the defendant B is liable to pay the amount of KRW 800,000,000 and the amount of KRW 920,000,000 in the construction process that was in progress at the time, and there was no amount of KRW 500,000 necessary for the completion of the construction, so there was no ability to pay the above bill without a transactional relation. Since the defendant A verified the credit rating of the LA in advance, even if the defendant A received a discount from the injured party, it is highly probable that the payment would not be made because the defendant B did not have the ability to pay the above bill on the payment date.

Defendant

A As above, the above bill is deemed to be valid.

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