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(영문) 수원지방법원 안양지원 2014.05.22 2013고단1627

조세범처벌법위반

Text

Defendant

A Imprisonment for six months, the defendant corporation B shall be punished by a fine of 10,000,000 won, and the defendant corporation C shall be punished by a fine of 15.

Reasons

Punishment of the crime

Defendant

A was sentenced to the suspension of the execution of one year and six months for a violation of the Punishment of Tax Evaders Act on August 20, 2010 in the Incheon District Court's subsidiary branch on August 20, 2010, and on August 2, 2013, the Seoul High Court sentenced one year of imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (issuance of False Tax Invoice, etc.) and a fine of 400 million won in the Seoul High Court on October 24, 2013, and the said judgment became final and conclusive, thereby the said

Defendant

A is the actual operator of Defendant B Co., Ltd. (hereinafter referred to as “B”) and Defendant C Co., Ltd. (hereinafter referred to as “C”), and both Defendant B and C are companies incorporated for the purpose of manufacturing and selling steel wires, respectively.

1. He/she shall not submit to the Government a list of total tax invoices by purchase and sale place under the Value-Added Tax Act without supplying or being supplied with goods or services by a defendant, entered false list;

A. On October 25, 2011, the Defendant filed a value-added tax return for the second period of 201 from the Seocheon Tax Office at Seocheon, 201, and submitted a false entry of the total value of goods or services to the Seocheon Tax Office, as if the Defendant supplied goods or services to B in the absence of the fact that C supplied goods or services to B, and as such, supplied goods or services worth KRW 278,300,000,000 in total.

B. Around October 25, 2011, the Defendant reported the value-added tax on the second half of 201 from the Seocheon Tax Office, and submitted a false list of total tax invoices to the Seocheon Tax Office, as if C did not receive any goods or services from the F Co., Ltd., even though having not received any goods or services from the F Co., Ltd., and as such, C was supplied with the goods or services equivalent to KRW 36.6 million in supply value.

C. On January 27, 2012, the Defendant reported value-added tax for the second period of 2011 from Seocheon Tax Office around January 27, 201, and the fact is that C did not supply goods or services to F Co., Ltd., the sum of supply values to F Co., Ltd.