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(영문) 대구지방법원 2013.04.26 2013고합6

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등

Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 430,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who operates a manufacturing and selling company of the original body with the trade name called D in G in the Gyeonglbuk-gun, G.

1. Around March 31, 2007, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery, etc. of False Tax Invoice) issued a false tax invoice of 4,287,098,742 won in total for profit-making 117 times from that time to December 30, 201, including a false tax invoice of 117 items as shown in the separate sheet of crime (1), in total, for profit-making purposes, even though there was no fact that the Defendant supplied goods or services equivalent to KRW 19,895,100 from D to E with supply value in spite of the fact that the Defendant supplied goods or services equivalent to KRW 19,895,100.

2. Violation of the Punishment of Tax Evaders Act;

A. On January 3, 2008, the Defendant did not issue a tax invoice at least 334 times in total as indicated in the separate sheet (2) Nos. 1 through 334 from around that time to December 15, 201, despite the fact that the Defendant supplied a set of KRW 3,568,836 to F (business registration number G) supply price.

B. Notwithstanding the fact that the Defendant received goods or services equivalent to KRW 20,000,000 from H (business number I) at the above D office on January 21, 2008, the Defendant did not obtain a tax invoice in collusion with the J of the above H and did not issue a tax invoice from around that time to December 30, 201, as described in the separate list of crimes (3) Nos. 1 through 303 as shown in the separate list of crimes (3) from around that time to December 30, 201.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Application of Acts and subordinate statutes to a written accusation, a list of outstanding sales tax invoices, a list of outstanding tax invoices, and a list of outstanding sales tax invoices;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.