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(영문) 대구지방법원 서부지원 2016.08.19 2016고단581

조세범처벌법위반

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding thirty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On August 28, 2012, the Defendant was sentenced to six months of imprisonment for a crime of violating the Punishment of Tax Evaders Act at the Daegu District Court on August 28, 2012, and the judgment became final and conclusive on October 19, 2012.

The Defendant: (a) actually operated the steel structure manufacturing chain Co., Ltd. in the Gyeongbuk-gun D, the Defendant: (b) registered “G” in the above address on the pretext of F as a representative in the name of F; and (c) received false tax invoices in the name of the company where F is the representative.

1. On April 20, 201, the Defendant registered the business with the trade name “G” using the name of “G” that was known at the Seogu tax office located in Seogu-gu, Daegu-dong 497-5, Daegu-dong 497-5 for the purpose of evading taxes.

2. Around April 21, 2011, the Defendant issued a false invoice of tax, as if the Defendant supplied the H Co., Ltd. with civil engineering construction, steel frame, board board, etc. equivalent to KRW 402,00,000, although the Defendant did not supply goods or services, such as civil engineering construction, steel frame, etc. to H Co., Ltd.

3. On April 27, 2011, the Defendant received a false invoice of tax amounting to KRW 402,00,000 from H Co., Ltd. to receive one copy of the supply price of KRW 402,00,000 from H Co., Ltd., in spite of the fact that G had not purchased a building from H Co., Ltd., and from that time until May 10, 2012, the Defendant was issued a false invoice of tax amount of KRW 754,163,180, total supply price of KRW 754,163,180, as shown in attached Table 1.

4. On January 13, 2012, the Defendant: (a) in the foregoing E office, even though there was no fact that Co., Ltd. supplied goods or services to J, the Defendant issued an invoice of tax amounting to KRW 282,258,000 in the name of J; (b) and (c) from that time until May 12, 2012, the Defendant issued one invoice of tax amounting to KRW 282,258,00 in the name of J; and (d) as in the attached Table 2 re-written list of crimes.

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