(영문) 서울중앙지방법원 2017.12.22 2017고합1148

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.12.22 2017고합1148

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for nine years.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

From April 5, 1993 to February 9, 207, the Defendant was working as the team leader through employees from the materials division of the victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) that produce industrial rewing machines, computer automatic self-denunciation machines, etc.

On August 31, 2002, the Defendant, at the office of the victimized company located in Seo-gu Incheon, Seo-gu, Incheon, supplied 2,00 parts (UPD4702 1,000, UPD4704 1,000) used for the production of industrial rewing machines from E, a trading company of the victimized company, to the person in charge of the name in charge of the accounting division, who is affiliated with the accounting division, was attached to the relevant tax invoice by stating that “The payment of 27,00,000 won for the parts is made to the pertinent trading company.”

However, the Defendant did not receive 2,00 parts above from the pertinent trader, and the attached tax invoice was also prepared with the consent of the pertinent trader.

On September 2002, the Defendant had a person in charge of the accounting division of the victimized company pay a promissory note of KRW 27 million to the relevant trading company as the price for parts.

The defendant paid a certain amount (an amount equivalent to 20% of the cost of parts entered in the false tax invoice) in return for the issuance of the false tax invoice to the relevant transaction company, and the remaining amount was transferred to the bank account in the name of the person designated by the defendant or the corporation.

In addition, from September 2002 to February 2, 2007, the Defendant acquired the total of KRW 11,99,286,000 from the victimized Company over 58 times through the above method, as shown in the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning the examination of each police in relation to F and G;

1. Statement made by the police with H;

1. Opinion supplementary to the complaint (I, ..).

유사 판례

-서울중앙지방법원 2017.12.22. 선고 2017고합1148 판결

-인천지방법원 부천지원 2016.04.28 2016고단195

-서울남부지방법원 2018.11.22 2018고단3514

-인천지방법원 2015.10.08 2013가합17229

-의정부지방법원 2017.01.23 2016고단962