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(영문) 대법원 2016.10.27 2016도5180

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below determined that the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (issuance of False Tax Invoice) among the facts charged in the instant case, the violation of the Punishment of Tax Evaders Act related to J, and the violation of the Punishment of Tax Evaders Act, and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, were all guilty

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles as to "total amount of supply price, etc." and "amount of crime" under Article 8-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, escape of an offender in the crime of aiding and abetting an offender, and scope of application under Article 70 (2) of the Criminal Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.