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(영문) 대전지방법원 2019.07.18 2018고합480

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)

Text

Defendant

A Imprisonment for three years and fines for 3,318,00,000 won, Defendant B for one year and a fine for 348,00,000 won, respectively.

Reasons

Punishment of the crime

1. Defendant A was the actual operator of Company C established for the purpose of the wholesale and retail business of raw ginseng, and the representative of D agricultural partnership established for the purpose of the red ginseng manufacturing business, etc., and was willing to conclude a contract with a large company by creating a false transaction performance with each of the above companies.

C. (1) On January 30, 2015, the Defendant received the false statement of account amounting to KRW 6,711,257,400, in total, 35 times, as shown in [Attachment Table No. 1 to 35] from around December 21, 2017, when the Defendant received the statement of account equivalent to KRW 52,375,00,000, as if he had not received the goods or services from F, even though he had not received the goods or services from F, the Defendant received the statement of account amounting to KRW 52,375,00 as if he had been supplied with the goods or services.

(2) On August 28, 2015, the Defendant received false tax invoices, including the receipt of a tax invoice of an amount equivalent to KRW 5,116,819, as if he had not been supplied with goods or services from F, even though he had not been supplied with goods or services from F, and received a tax invoice of an amount equivalent to KRW 5,116,819, from around that time to June 30, 2017, in total 25 times, as indicated in [Attachment Table 63 to 87] from around June 30, 2017.

B. (1) On April 30, 2015, the Defendant issued a false statement of accounts in relation to D Agricultural Partnership (1) around April 30, 2015, the Defendant issued a statement of accounts equivalent to KRW 76,317,000 as if he supplied goods or services to F, even though he did not supply goods or services. From around that time to December 29, 2017, the Defendant issued a statement of accounts equivalent to KRW 12,043,726,80 in total 48 times, as shown in the [Attachment List of Offenses] Nos. 160 to 207.

(2) receive false statements.