beta
(영문) 서울중앙지방법원 2013.05.09 2012고합1500

특정범죄가중처벌등에관한법률위반(조세)등

Text

As to the crime No. 1 in the judgment of the defendant, imprisonment with prison labor for one year and fines for one thousand five hundred thousand won,00,000, and with respect to the crime No. 2 and three in the judgment of the defendant.

Reasons

Punishment of the crime

[2012Gohap1500] On November 15, 2007, the Defendant was sentenced to a suspended sentence of five years and a fine of 40 billion won in imprisonment by the Seoul Central District Court on three years on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (tax), etc., and the judgment became final and conclusive on June 12, 2008, and on April 16, 2012, the Seoul Central District Court was sentenced to imprisonment of one year and six months as a violation of the Punishment of Tax Evaders Act by the Seoul Central District Court, and the judgment became final and conclusive on October 25

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery of False Tax Invoice) has been prosecuted under the name of the crime against the Aggravated Punishment, etc. of Specific Crimes, but it is reasonable to view the above crime as a clerical error in the violation of the Aggravated Punishment, etc. of Specific Crimes (Delivery of False Tax

The Defendant is a person who actually operated AG established for the purpose of selling AG aluminium, and AH is a representative in the name of the above company, and the Defendant and AH, upon obtaining a purchase certificate from the head of a foreign exchange bank on the basis of false documents in relation to the export of Aluminium, purchased at a zero-rate rate and sold at a price considerably lower than the market price, and issued or received a false tax invoice without being supplied goods or services or for the purpose of acquiring profits by closing a business without paying any value-added tax, and conspired to submit a false list of tax invoices by seller and by seller.

Accordingly, the defendant and AH conspired on April 25, 2006 when filing a return of the scheduled value-added tax amount for the first period of time from 1 January 2006 to 824, Gangnam-gu, Seoul, on the same year. < Amended by Act No. 7879, Jan. 1, 2006>

3. Until March 31, 31, even though the company did not supply the goods or services equivalent to KRW 958,722,536 to AI, '001' in the serial number column for the list of total tax invoices by customer.