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(영문) 춘천지방법원 원주지원 2017.08.09 2017고단574

여신전문금융업법위반등

Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendants are those who operated “D” on the level C and 1 level in Gangwon-gu, Gangwon-do.

In around 2014, the Defendants issued a false tax invoice in the name of the above D or raised money through the card tin.

1. No person who violates the Punishment of Tax Evaders Act shall issue or receive an invoice for tax pursuant to the Value-Added Tax Act without supplying or receiving goods or services;

Nevertheless, around March 9, 2015, Defendants issued a false tax invoice equivalent to KRW 120 million in the supply value to E, without supplying goods or services in the aforementioned “D”, and issued a false tax invoice of KRW 452,829,000 in total on six occasions from March 9, 2015 to March 30, 2015, as shown in attached Table 1 of the daily list of crimes, from March 9, 2015.

As a result, Defendants conspired to supply goods or services and issued false tax invoices.

2. No person in violation of the Act on Specialized Credit Financial Business shall pretend the sale of goods or the provision of services, etc., or lend funds to another person;

On March 9, 2015, the Defendants paid a part of the amount of KRW 1,00,00 to the person who is not the name of the Defendants, after receiving a request from the person who was not the name of the Defendants for 'D', without selling goods or providing services, and paying a credit card corresponding to KRW 1,00,000 from March 9, 2015 to April 5, 2015, and provided funds by paying the credit card without selling goods or providing services in the amount of KRW 12,00,000,000 from March 9, 2015 to April 5, 2015.

Accordingly, the Defendants conspired to provide financing without selling goods or providing services.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written accusation;

1. Application of Acts and subordinate statutes on transactions;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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