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(영문) 제주지방법원 2020.06.17 2020고단350

조세범처벌법위반

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant is a person who actually runs a construction business entity, such as indoor interior interior interior interior interior interior interior interior decoration, from November 8, 2013 to November 30, 2015, the trade name of “D” in Gyeyang-gu Incheon and 10th C.

1. No person shall be issued or issued a tax invoice under the Value-Added Tax Act without supplying or being supplied with any goods or services;

A. On January 10, 2015, the Defendant received one copy of the electronic tax invoice as if “D” was supplied with construction services of KRW 175,00,000,000 of the supply price around December 31, 2014 without being supplied with a service at the said D office.

B. On January 12, 2015, the Defendant was issued one electronic tax invoice, as the supply price of KRW 400,000,000 was supplied by “D” from “F”) around December 31, 2014 without being supplied with goods at the said D office, as the Defendant was supplied with goods, such as building materials and safety supplies.

2. No person who submits a list of total tax invoices by seller shall submit a false list of total tax invoices by seller under the Value-Added Tax Act without supplying or being supplied with any goods or services;

On January 25, 2015, the Defendant reported the value-added tax on North Incheon Gyeyang-gu 244 on the second quarter of 2014, and submitted a list of individual tax invoices by seller by entering the following false details as if he was supplied with services equivalent to KRW 400,000,000 from “E” during the pertinent taxable period, notwithstanding the absence of the supply of services equivalent to KRW 400,000,000 from “E” during the pertinent taxable period.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on filing an accusation, each electronic tax invoice, a list of total tax invoices, purchase of tax invoices, and investigation reports (Attachment to a list of individual tax invoices

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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