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(영문) 의정부지방법원 2020.02.06 2019고합218

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Criminal Power] On June 1, 2017, the Defendant was sentenced to imprisonment with prison labor and three years and six months in Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the said judgment became final and conclusive on September 7, 2017.

【Criminal Facts】

The criminal facts were partly revised to the extent that it does not interfere with the defendant's right of defense according to the facts obtained through the examination of evidence.

The Defendant is an employee working for a specialized water security company from January 2003 to February 2, 2016 as an employee in B (hereinafter “B”) who is engaged in system guard, building management, and security solution business.

No person shall issue or be issued a tax invoice without supplying or being supplied with goods or services.

Around September 2, 2013, the Defendant issued a false tax invoice of KRW 17,307,638,000 in total as shown in the attached Table of Crimes (Ⅰ) from the above date to December 2, 2015, even though the Defendant did not supply certain goods or services to D Co., Ltd., for profit purposes, as if he supplied new construction works equivalent to KRW 1,155,00,000 for the purpose of profit, and issued a false tax invoice of KRW 17,307,638,00 in total from the above date to December 2, 2015.

On May 27, 2013, the Defendant received a false tax invoice of KRW 14,230,950,000 in total from seven enterprises, such as F, etc., including F, etc., to May 30, 2015, even though the Defendant did not receive any goods or services from E (hereinafter “E”), for profit, as if E received server equipment equipment equivalent to KRW 200,000 from E, for profit purposes, and received a false tax invoice of KRW 14,230,950,00 in total from the above date to May 30, 2015.

Accordingly, from May 15, 2013 to November 30, 2015, the Defendant made a false tax invoice equivalent to KRW 31,538,58,000 in total for profit-making purposes.