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(영문) 부산지방법원 2016.07.15 2016고합41

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등

Text

Defendant

A and B Imprisonment for 2 years and 6 months and fines for 5,100,000,000 won, Defendant C shall be sentenced to imprisonment for 3 years and 6 months and fines for 7,00,000,000.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to a suspended sentence of ten months of imprisonment with prison labor due to the crime of an intentional act of securities committed at the Seoul Eastern District Court on March 12, 2014, and the said judgment became final and conclusive on March 20, 2014.

[2] Criminal facts 2016 Gohap 41 (Defendants) [the method and structure of the crime through the closure of non-data] A closed-dong subcontractor intends to deliver waste-free materials from a corporation that can normally issue tax invoices in order to obtain deduction of value-added tax purchase. As such, a supplier’s business entity who intends to sell non-originating materials for the purpose of tax evasion shall play a role in preventing the so-called “ signboard company” (the company in this case is F. hereinafter referred to as “F.”) that directly issues purchasing materials to the company for the purpose of disguised trade with no tax-related normal transaction. The fact is that each registration of the so-called “large coal company” (the company in this case is an individual business entity that supplies materials for tax investigation or investigation against a large coal company) and the company that is an individual business entity that supplies materials for purchase, and the fact is that it is the most closed-dong company’s trade with a large coal company and its signboards, but it does not actually trade.

In other words, in fact, they purchase large volume of waste Dongs from the purchasing companies ( mainly non-data retail stores) and sell them at normal market prices, including value added taxes, to the refining companies. ① The breadth coal companies issue false tax invoices to provide them at normal market prices to the signboard companies. ② The signboard companies receive them, ② issue tax invoices to provide them at normal market prices to the refining companies, ③ receive the value added taxes from the refining companies and transfer them to the account of the breadth companies from time to time to time to time, and ④ the breadth coal companies from the beginning.