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(영문) 서울중앙지방법원 2013.12.27 2013고합341

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)

Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of fifty million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

From September 15, 2006 to September 30, 2010, the Defendant actually operated the KG Building 308 in Seocho-gu Seoul, Seocho-gu, Seoul, with a view to receiving loans from financial institutions or extending the lending period by making use of a list of total tax invoices by false purchasing and selling places, etc.

1. Around January 28, 2009, the Defendant filed a false list of total tax invoices by seller and by seller, and submitted to the Government a false list of total tax invoices by seller, stating that he/she had supplied goods or services equivalent to KRW 951,556,00,00 as if he/she had supplied goods or services equivalent to that of that amount, and submitted a false list of total tax invoices by seller, stating that he/she had supplied goods or services equivalent to KRW 1,505,632,00,00 in total as shown in the attached list of crimes, and submitted to the Government a list of total tax invoices by seller as if he/she had supplied goods or services equivalent to KRW 1,50,50,000 in total.

2. On March 5, 2009, the Defendant issued a false tax invoice at HH office, stating that the Plaintiff did not supply goods or services equivalent to KRW 398,00,000 in supply value to HH office, and that the LAH did not supply goods or services equivalent to the same amount to HJ office, and issued a false tax invoice as if the LAH had supplied goods or services equivalent to the same amount.

As a result, the Defendant submitted a list of total tax invoices by seller and by seller stating false amount equivalent to KRW 3,402,930,000 for profit-making purposes, and issued a false tax invoice equivalent to KRW 398,00,000 for supply value.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of K witness K;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. A written answer to L Preparation;

1. Each tax invoice, each value-added tax return, and each sales invoice;