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(영문) 대구지방법원 서부지원 2016.02.04 2015고합114

조세범처벌법위반

Text

A defendant shall be punished by imprisonment for a term of two years and a fine of one billion won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2015 Gohap 114] The Defendant was aware that the market price of the closed glass was relatively high compared to that of the general scrap metal at approximately KRW 8,000 or KRW 10,000 per kilogramg. Thus, the Defendant was hiding the transaction by trading the entire amount of cash in order to conceal the scale of sales and not paying the value-added tax while trading the waste glass in large quantities.

In addition, Defendant 1 knew that, even if the waste interest is traded in a voice, if it is supplied to a superior company such as a refining company, it is normally required to issue a tax invoice. Thus, Defendant 1 knew that, at a certain distribution stage, the entire amount of the waste interest is purchased with non-data without a tax invoice, but when selling the waste interest purchased, it is necessary to issue all the sales invoice to enable higher companies to obtain a deduction from purchase of value-added tax related to the normal value-added tax, it is necessary to do so.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuance of false tax invoices), along with C, D, and E, made an individual entrepreneur’s business entity using the trade name “H” under the name of “H” from Daegu Suwon-gu F from October 2013 to December 1, 2013 as the term “B” referring to G. In fact, the Defendant and C, etc. purchased waste glass from the high water surface with the Defendant and C, and the “H” did not participate in the closed glass transaction. However, even if the Defendant supplied the “H” corporation with actual waste glass, it was submitted to the same tax office on January 25, 2014 with a false statement on the list of individual tax invoices issued at KRW 4.84,062,01,01, in total, as the supply price was supplied to the “H” corporation I.

The defendant is together with C, D, and E for the above period.