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(영문) 수원지방법원 2016.03.29 2015고합637

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)

Text

Defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

1. When the defendant does not pay the above fine.

Reasons

Criminal facts

On December 1, 2015, the Defendant was sentenced to imprisonment with prison labor of four years and fine of 20,100,000,000 won for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuance of false tax invoices) by the Seoul High Court on December 1, 2015, and the final judgment was finalized on the same day on March 10, 2016.

Criminal facts

From December 31, 2011 to June 201, 201, the Defendant is the actual operator of “D” that runs a scrap metal and non-ferrous-do retail business in Kimpo-si, Kimpo-si, Kimpo-si, and E serves as the representative under the name of the aforementioned “D” and takes charge of duties such as remittance of tax invoices, transaction proceeds, withdrawal, etc. according to the Defendant’s instructions.

No person shall submit to the Government, for profit-making purposes, a list of total tax invoices by purchasing agencies under the added-value-Added Tax-Related Acts by stating falsely a false list of tax invoices.

Nevertheless, on July 23, 2011, the Defendant conspired with E for profit, filed a final return on the value-added tax on D at the Incheon tax office located at 17, Jeju Seo-gu, Seo-gu, Incheon, Seo-gu 368, Seo-gu, Incheon, on January 23, 201, on the 191.

A sum of KRW 3,248,718,450 (F in total amount of KRW 2,211,431,450, total amount of supplied value, KRW 1,037,287,000, total amount of supplied value from G), and KRW 1,037,287,00, and KRW 3,248,718,450, in the absence of the purchase of non-ferrouss from F and G, submitted a sum of the account sheets for each purchasing party, which were false, as if they were purchased from G.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspects of E by the prosecution;

1. Each prosecutor's investigation report (including attachment of data submitted by suspect E and attachment of data submitted by a tax office) (including attached data);

1. Police investigation report (HI counterpart);

1. Reporting on a written charge, a request for accusation, a written charge, a list of offenses, and a conclusion of an investigation relating to trade order;