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(영문) 대전지방법원 2018.05.09 2017재고합24

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)

Text

Defendant shall be punished by imprisonment for two years and by a fine of KRW 1,700,000.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 23, 2013, the Defendant registered a business operator at the Daejeon District Tax Office with the trade name of D for the purpose of high-railroad retail business in Daejeon Daejeon-dong, Daejeon-gu, Daejeon-gu.

The Defendant received a proposal from the Daejeon District Court to make a false tax invoice of KRW 50-100 per page 1 km (50-100 per page 1 km) in order to conclude a false tax invoice by pretending the transaction of scrap metal from E (in the Daejeon District Court, three years of imprisonment, and fines of KRW 5.4 billion on December 18, 2014), and accepted it. The Defendant agreed to operate a false tax invoice in a manner that sells the false tax invoice, and the Defendant withdraws the cash deposited from the transaction partner to return it to E or to the transaction partner, and return the false tax invoice and value-added tax return in the name of D and divide the profits from sales of the false tax invoice.

Around January 24, 2014, the Defendant conspired with E, at the Daejeon Tax Office located in the Jung-gu Daejeon, Daejeon. Around January 24, 2014, the Defendant submitted a false list of accounts statement of accounts on the false account statement indicating that D supplied goods or services equivalent to KRW 12,254,593,060 to the Sungsung (State), although there was no fact that D supplied goods or services equivalent to the amount of KRW 12,254,593,060 to the Sungsung (State), upon filing a report of the fixed value-added tax amount for February 2013, D provided goods or services equivalent to the amount of KRW 16,654,273,410, as indicated in the list of accounts in the attached crime.

Accordingly, the Defendant, in collusion with the above E, submitted a sum table of the supply price accounts for the purpose of profit-making, consisting of 16,654,273,410 false suppliers.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning interrogation of suspects of E by each prosecutor's office;

1. A copy of the protocol concerning the examination of suspects of F or G by the prosecution (two times);

1. Accusations, investigation termination reports, value-added tax returns and accompanying documents, and other evidentiary documents ( false tax invoices, etc.);