beta
(영문) 인천지방법원 부천지원 2013.09.11 2013고단1047

조세범처벌법위반

Text

A defendant shall be punished by imprisonment for not less than eight 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 director of G Co., Ltd.

The Defendant, at the Gangseo-gu Seoul Yeongdeungpo-gu District Office located:

1. On or around January 25, 2010, the final return of value-added tax was filed for the company’s second half year of 2009. The facts are as follows: (a) despite having sold alcoholic beverages equivalent to KRW 905,00 to KRW 32,439,00 in the transaction partner “H” during the pertinent taxable period, the value of supply was falsely stated as KRW 32,439,00 in the tax office with regard to 269 transaction partners as stated in the list of crimes in the attached Form 2009, including the details of the list of crimes in the attached Form 2,976,107,102,8,858,965,000 in the actual sales amount; (b) with regard to 210 transaction partners, including I week, the actual sales amount was falsely stated as KRW 2,72,068,00 in the tax office with regard to the real sales amount being written as KRW 1,479,004,20,2020.

2. Around July 25, 2010, the final return of value-added tax was filed for the company’s final return on January 2010. The fact is that the value of supply was falsely stated as KRW 72,266,00 in the “J points”, which is the business partner during the pertinent taxable period, despite the sale of alcoholic beverages equivalent to KRW 6,248,00,00 in total, and that the total amount of supply was falsely stated as KRW 72,26,00 in the “J points”, and that the total amount was stated as KRW 761,60,00 in the list of crimes in the attached Table, as in the list of crimes in the attached Table, for the total tax invoice for the 218 business partners as of January 2010, the actual sales amount was stated as KRW 2,917,047,605,00 in excess of KRW 761,678,652,00 in value, and the total amount was stated as KRW 1,487,7007,707

3. Around January 25, 2011, the Plaintiff filed a final return of value-added tax for the second period of value-added tax 2010, and the fact was sold to the “L”, which is a business partner during the pertinent taxable period.