Selling oil to my son's business... Man in his 70s found not guilty for issuing false cash receipts

Charged with falsely issuing 10 million won worth of money 105 times over 4 years
The court said, “Tax-exempt businesses are not eligible for deduction, there is no reason to take risks”

A gas station employee who was put on trial on charges of issuing false cash receipts to his son's business was found not guilty.

The Ulsan District Court announced on the 19th that it found Mr. A, in his 70s, not guilty on charges of breach of trust and other charges on the 15th of last month.

Mr. A worked at a gas station operated by Mr. B for about four years from May 2018 and was accused of not selling oil and issuing false cash receipts worth about 10 million won. The cash receipt was issued to the business operated by Mr. A's son.

Mr. A denied the charges. He claimed that he actually filled his wife's vehicle with gas and only issued it in bulk. At the same time, Mr. A emphasized that he had never personally used customer gas money.

On the other hand, Mr. B claimed that there was no record of actual oil sales on the date that Mr. A issued the cash receipt.

The court found Mr. A not guilty. This is because it was judged that there was insufficient evidence to conclude that Mr. A had issued false cash receipts. The court explained, “Even if the time when Mr. A issued the cash receipt and the sales records in the gas station system do not completely match, we cannot rule out the possibility that Mr. A actually filled the fuel, and it cannot be seen as intentional or for profit.”

He also added, “Mr. A’s son is a tax-exempt business owner and is not subject to value-added tax refunds or deductions,” adding, “There is not much reason for Mr. A to take risks and issue cash receipts to his son’s business.”

Attorney Lee Il-kwon of Daeryun Law Firm, who served as Mr. A's legal representative, said, “For the issuance of a cash receipt itself to constitute a crime of professional breach of trust, there must be clear property gain and damage to others,” and added, “We were able to obtain an acquittal by explaining in detail the specific procedures for the issuance method and whether there was actual damage.”

Reporter Park Jae-gwan (paksunbi@fnnews.com)

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Selling oil and going to my son's business... 70-year-old not guilty for issuing false cash receipts (Shortcut)