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(영문) 서울남부지방법원 2012.11.29 2011고단1013

조세범처벌법위반

Text

Defendant

A Imprisonment with labor of one year and six months, Defendant B's imprisonment with labor of six months, and Defendant C's fine of 400 million won.

Reasons

Punishment of the crime

1. Defendant A and Defendant C

A. Defendant A (1) on January 25, 2009, the Defendant submitted a list of total tax invoices by seller to the Government, in Youngdong Tax Office located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, 3 on February 2008 (from October 1, 2008 to December 31, 2008) in the list of total tax invoices by seller, Co., Ltd., Ltd. (hereinafter referred to as “C”), without any fact that Co., Ltd was supplied with goods or services from G from October 1, 2008 to December 31, 208, the Defendant prepared a false list of total tax invoices by seller and submitted it to the Government as if he was supplied with petroleum products equivalent to KRW 718,090,937 from October 1 to December 31, 2008.

(2) On April 25, 2009, the Defendant submitted a list of total tax invoices by seller to C at the above Yeongdeungpo tax office on January 1, 2009 (from January 1, 2009 to March 31, 2009). The fact is that C was supplied with goods or services other than the amount equivalent to KRW 78,90,00,00 from H, while the Defendant did not have received any supply of the goods or services, the Defendant prepared a false list of total tax invoices by seller from January 1, 2009 to March 31, 209, and submitted it to the Government.

(3) On July 25, 2009, the Defendant submitted a list of total tax invoices by seller to C at the above Yeongdeungpo tax office, 2009 (from April 1, 2009 to June 30, 2009) on the list of total tax invoices by seller, the Defendant: (a) although there was no fact that C was supplied with goods or services from H by the stock company, the Defendant prepared a false list of total tax invoices by seller and submitted it to the Government, as if he was supplied with petroleum products equivalent to KRW 8,280,409,065 from April 1, 2009 to June 30, 2009.

(4) In submitting a list of total tax invoices by seller from the above Yeongdeungpo tax book on October 25, 2009 to the second half of 2009 (from July 1, 2009 to September 30, 2009), the Defendant did not have any fact that C was supplied with goods or services from H from July 1, 2009 to September 30, 209, the amount of supply is equivalent to 6,087,418,192 won.