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(영문) 서울남부지방법원 2016.10.06 2016고합299

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등

Text

Defendant

A Imprisonment with prison labor and fines of KRW 1,500,000,000 shall be punished by a fine of KRW 17,000,000.

Reasons

Punishment of the crime

Defendant

A serves as the representative director of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) from January 1, 2006, and has overall control over the management of Defendant Co., Ltd.’s funds management, etc., and Defendant Co., Ltd is a corporation established for the purpose of main type and gold-type manufacturing.

1. Defendant A

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery, etc. of False Tax Invoice) committed a fraudulent tax invoice in order to obtain loans from financial institutions or extend the lending period;

Around June 30, 2012, the Defendant issued a false tax invoice stating that the Defendant Company supplied goods or services equivalent to KRW 300,000,000 to the supply price in enzye Co., Ltd. at the Defendant Company’s office located in Geumcheon-gu Seoul, Geumcheon-gu.

In addition, from June 28, 2012 to October 10, 2014, the Defendant issued and issued a false tax invoice equivalent to KRW 7,497,278,000 in total of 19 times, as shown in the list of crimes (1) and the attached Form [2016, 406], as shown in the list of crimes (2).

On October 8, 2012, the Defendant received a false tax invoice, stating that the Defendant Company was supplied with goods or services equivalent to KRW 79,684,00,00 in the Defendant Company’s office, even though there was no fact that the Defendant Company was supplied with goods or services equivalent to KRW 79,684,00.

In addition, from around that time to September 26, 2014, the Defendant received false tax invoices equivalent to KRW 7,453,854,480 in total amount of supply value over 43 times, such as the list of crimes (2016Gahap299) and the list of crimes (2016Gahap406 case) and the list of crimes (1).

Accordingly, the Defendant issued or received false tax invoices equivalent to 14,951,132,480 won in total of supply values over 62 times for profit-making purposes.

B. Defendants violating the Punishment of Tax Evaders Act.