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(영문) 부산고등법원 2013.05.09 2012노541

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. On June 7, 2006, Defendant A: (1) established and operated Company R (hereinafter “R”) by means of managing overall management, such as fund management; (2) Defendant A and C took charge of the above Company’s business in accordance with M’s proposal to divide a certain amount of the above Company’s profits when taking charge of the above Company’s business. However, even though the above Company obtained considerable profits, M did not reach a monthly rate for the Defendant; and (30 million won for Company AC retired from the company on the ground that Defendant C took up two to 30,000 won each time of oil supply; (3) Defendant C’s shares were transferred to the company, which had been registered as the business counterpart of the Defendant; and (4) Defendant C took out a loan of KRW 100,000 in the name of Defendant M&D, EE, and C, which had been the business director of the said company, and then Defendant would have been able to compensate for its losses.

In addition, R and the method of operation of the defendant company shall purchase oil in the name of the defendant company and the oil.