beta
(영문) 수원지방법원 안산지원 2017.10.27 2017고합95

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)

Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 450,000,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[2] On November 28, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Jung-gu District Court, and completed the execution of the above sentence at the Jung-gu District Court on July 28, 2015. On March 29, 2016, the Defendant was sentenced to six months of imprisonment for a crime of violation of the Punishment of Tax Evaders at the Jung-gu District Court on June 8, 2016, and the above judgment became final and conclusive on June 26, 2016. On May 26, 2016, the Defendant was sentenced to one year and four months of imprisonment for embezzlement, etc. at the Jung-gu District Court on June 23, 2016.

[2] Defendant 1 is a person who is the actual operator of Corporation D (Representative E), a company that is a company that distributes interior products and buildings with C3 floors, 301, and interior products.

The Defendant, for profit-making purposes, stated the instant indictment in the sum of KRW 3,322,756,200, total supply value of KRW 1,066,443,00 in total, and total supply value of KRW 1,66,40,00 for each seller, even though there was no sales or purchase of goods or services as described in the following paragraphs 1, 2, but the Defendant appears to have been “468,413,000 won.” However, in light of the content of the facts charged and the entries in attached Table 2, this is deemed to have been written in writing of “1,06,443,00 won,” and thus, it shall be corrected ex officio.

The written indictment of this case is written as “3,791,169,202 won” in total of supply values, such as the sum table of total tax invoices by seller, etc. However, in light of the content of the facts charged and the description of attached Table 1 and attached Table 2, this is deemed as a clerical error in “4,389,19,202 won,” and thus, it is ex officio corrected.

A sum table of total tax invoices by seller and seller was falsely entered and submitted to the Government.

1. Submission of a list of total tax invoices by customer of the processing;

A. On April 25, 2014, the Defendant who submitted a list of total tax invoices by each sales office of the first preliminary return on April 25, 2014, when filing a preliminary return of value-added tax on January 2014 at a government-affiliated tax office located in the Dong-dong of the Government-dong of the Government-si, Co., Ltd., Ltd., for the supply price of goods or services equivalent to KRW 37,775,200 for each sales office, is false on the list of total tax invoices by sales office.

참조조문