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(영문) 제주지방법원 2020.07.24 2019고단1400

조세범처벌법위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On February 13, 2014, the Defendant was sentenced to six months of imprisonment by the Jeju District Court for occupational embezzlement, etc., and completed the execution of the sentence in the Jeju Prison on August 14, 2014.

【Criminal Facts】

The defendant is the representative director of B Co., Ltd. established for the purpose of cargo intermediation and mediation, and C is a registered director of the above company.

1. C and the Defendant, as a supplier, intended to issue a false tax invoice without real transactions to other persons and to receive 8-10% of the value of supply of the tax invoice in return for the issuance of a false tax invoice without real transactions with C and B as a supplier.

Around February 28, 2015, the Defendant and C issued a false tax invoice equivalent to KRW 1,219,010,757 in total without supplying goods or services over 98 times from the date of issuance of a false tax invoice as if they supplied transportation services equivalent to KRW 9,50,000 to E, even though they did not supply goods or services to E, and from December 31, 2015, the Defendant and C issued a false tax invoice equivalent to KRW 1,219,010,757 in total, without supplying goods or services over 98 times as shown in attached Table 1.

2. On December 31, 2014, the Defendant solely committed an offense: (a) around December 31, 2014, the Defendant issued a false tax invoice of KRW 762,763,636,636 in total value without supplying goods or services over 21 times from that time to December 31, 2015, including issuing a false tax invoice as if he/she supplied transportation services equivalent to KRW 78,00,000 to “F” in spite of the fact that he/she supplied goods or services to “F” without supplying goods or services; and (b) issued a false tax invoice of KRW 762,763,636 in total.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant and C;

1. A written accusation, fact-finding certificate, tax invoice, B corporate register register, business registration certificate, confirmation, and specification of transactions;

1. Previous convictions: Criminal records and investigation reports, suspects A, and judgments concerning the period of repeated crimes;