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(영문) 서울중앙지방법원 2016.02.18 2015고합971

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)

Text

Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of 20.8 billion won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant was the representative director of the E inte established for the purpose of precious metal wholesale and retail business.

The source of purchase, such as smuggling, has been so traded as to which the source of purchase is unknown;

F, G, and H collected processed data by making financial materials through Internet banking, etc. without actually trading gold scrap scrap, on the ground that the gold scrap wholesalers, such as the Bank of Bank in charge of the operation of the Defendant, do not trade the gold scrap scrap, and by making them in the order of receipt of false tax invoices, in order to sell them to the Do and retail companies, etc.

1. The Defendant, in collusion with F, G, and H on October 4, 2012, in the office of the Dispute Resolution Co., Ltd. in Jongno-gu Seoul Jongno-gu J and 205 for profit, was issued a false invoice of tax amounting to KRW 3,750,610,00, as if he was supplied with scrap scrap equivalent to the supply price of KRW 3,750,610,00, and from April 13, 2012 to October 26, 2012, the Defendant was issued a false invoice of tax amount of KRW 10,521,273,000, in total supply price, even though he was not supplied with scrap scrap from trade in Jongno-gu, Jongno-gu, Seoul, and 205.

2. In collusion with F, G, and H on October 4, 2012, the Defendant issued a false tax invoice of KRW 166 in total, although the Defendant did not supply scrap scrap to F, G, and H, the fact that the F, and the F, G, and H did not supply the F, and that there was no supply of gold scrap to F,752,886,972, the Defendant issued six copies of the supply price as if the gold scrap was supplied. From April 13, 2012 to October 26, 2012, the Defendant issued 16 copies of the false tax invoice of KRW 106,48,71,471,471 in total, even though there was no supply price of gold scrap, such as F, G, and H, to F, and H.

Ultimately, the Defendant, in collusion with F, G, or H, committed fraud in an amount equivalent to KRW 207,010,044,471 in total, even though he did not have received goods or services for profit-making purposes.