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(영문) 대전지방법원 천안지원 2017.07.07 2017고단996

조세범처벌법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who, from January 19, 2009 to May 27, 2016, operated the business of establishing the Byungwon Network with the trade name of “C” from Seoan-gu, Seoan-gu, Seoan City.

On March 31, 2015, the Defendant issued 38 copies of the sales invoice by stating the following as stated in the daily list of crimes between around 2016 and May 27, 2016: (a) as if the Defendant supplied goods or services equivalent to KRW 1,212,965,181 to D; (b) as if the Defendant supplied goods or services in an amount of KRW 16,545,453, which was completed, to D; and (c) as if the Defendant supplied goods or services to D, the Defendant issued 38 copies of the sales invoice by stating the false supply of the goods or services.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the supplement of investigation by additional tax item, or a report on suspicion of offense;

1. Electronic tax invoices and a list of total tax invoices for purchase punishment;

1. Certification of closure of business;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 10 of the Punishment of Tax Evaders Act and Article 10 (3) 1 of the Punishment of Tax Evaders Act and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended punishment] There is no basic area (6-1 year to 3 billion won) (the person subject to special sentencing) [the decision of sentencing] [the crime subject to the Punishment of Tax Evaders is likely to interfere with the state's exercise of tax imposition and collection authority, and the nature of the crime is bad, there is no record of the same crime and there is no record of fine, and there is no record of criminal punishment other than once, and there is against the fact that there is no record of criminal punishment other than the fine, etc. in the procedure of the instant case, the sentence shall be determined like the order.