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(영문) 대구지방법원 서부지원 2017.02.09 2016고합161

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등

Text

Defendant shall be punished by imprisonment with prison labor for two years and by a fine of KRW 1,000,000.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

From around 192, the Defendant operated the “E” located in Daegu-gu D from around 1992, and is engaged in textile distribution business.

1. No one shall issue or receive an invoice for tax pursuant to tax-related Acts without supplying or receiving goods or services in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuance of false invoice for tax) or without being supplied with such goods or services;

On January 2009, the Defendant accepted the original supply without issuing a tax invoice from FG MD Co., Ltd., which was supplied with the original intention, by pretending to receive a tax invoice from H, and receiving a request for the supply of the original intent, the Defendant accepted the original supply [20,000-30,000 won per difficulty (181.44km)].

At the above E office around January 31, 2009, the Defendant received a tax invoice of KRW 11,818,182 (a total of KRW 13,00,000) in the supply price entered as “H,” “E,” “E,” and “H” as if he had been supplied with original intent from H in a normal manner despite the fact that the Defendant had not received original intent as goods from H, and received a false tax invoice of KRW 11,818,182 (a total of KRW 13,00,000) in the same manner between around that time and around September 30, 2014.

Accordingly, the Defendant was issued a false tax invoice of KRW 9,546,605,457 for the purpose of profit-making.

2. Punishment of Tax Evaders Act: The Defendant who did not issue a tax invoice at the above E office on September 30, 201; the Defendant was supplied with the original intent of KRW 199,603,897, the supply price of KRW 199,603,897 from F Co., Ltd., but was supplied with the original intent of KRW 199,603,897; and the corresponding tax invoice was not issued from around that time to September 30, 2014; and the Defendant was under the name of F Co., Ltd., Ltd., the total supply price of KRW 3,208,162,093 in the same way