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(영문) 수원지방법원 안산지원 2015.10.22 2015고단743

조세범처벌법위반

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of the E Co., Ltd. located in Chungcheongnam-gun Group D.

No person shall submit to the Government the sales and purchase tax invoice under the Value-Added Tax Act without supplying or being supplied with goods or services, stating it falsely.

1. Around October 25, 2013, the Defendant submitted to F a false list of the total tax invoice stating that he/she supplied goods or services equivalent to KRW 82,909,090, even though he/she did not have supplied goods or services equivalent to the above amount.

2. Around January 25, 2014, the Defendant: (a) around 2014, the Defendant submitted to G the service amounting to KRW 31,50,000; (b) equivalent to KRW 30,000,000 to H; (c) equivalent to KRW 60,000 to J; (b) equivalent to KRW 120,000 to K; (c) equivalent to KRW 20,250,000 to KRW 40,000 to L; (d) equivalent to KRW 70,250,000 to F; (e) equivalent to KRW 100,800,000 to KRW 50,000 to N; (d) equivalent to KRW 231,00,000 to KRW 300,000; and (e) equivalent to KRW 50,000 to the total goods supplied to Q or services equivalent to KRW 50,00; and (e) equivalent to KRW 200.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A list of criminal facts:

1. A written opinion of process of offenses; and

1. Each buyer by buyer;

1. A list of the total electronic tax invoices by customer;

1. Business registration certificate;

1. Application of Acts and subordinate statutes to certified corporate register;

1. Relevant provisions of the Punishment of Tax Evaders Act and Article 10 (3) 3 of the Punishment of Tax Evaders Act concerning the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [the scope of recommending punishment] general tax invoices, etc. shall be the type 1 (the amount less than 3 billion won).