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(영문) 대전지방법원 2016.11.24 2015고합355

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등

Text

Defendant

A Of the criminal facts of 2015 Gohap355, and the criminal facts of 2015 Gohap378, 1 through 4.

Reasons

Punishment of the crime

Defendant

A On July 21, 2011, the Daejeon District Court sentenced two years of imprisonment with prison labor for a crime of fraud at the Daejeon District Court for six months and the above judgment was finalized on July 29, 201, and on August 31, 2011, the above judgment was finalized on September 8, 201 on September 14, 201. On January 14, 2016, the Daejeon District Court sentenced one year and four months of imprisonment with prison labor for a crime of fraud, the crime of the punishment of a tax offense, and two months of imprisonment with prison labor for a crime of fraud. < Amended by Act No. 10557, Mar. 18, 2016>

[2015 Highis355, 2016 Highis247, 269] Defendants established G Co., Ltd. located in Jung-gu Daejeon, Daejeon, and Defendant A established H, Inc. located in Seo-gu, Daejeon.

The Defendants were willing to issue and receive false tax invoices without real transactions in the name of G and H in order to deduct value-added tax in the course of running a business that distributes non-data scrap metal through I, J and others.

1. Defendant A

(a) No one shall submit to the Government a false list of total tax invoice by buyer under the name of Company G, which is entered in a false list;

Nevertheless, on April 22, 2010, the Defendant: (a) filed a preliminary return of value-added tax in the Seo-gu Daejeon District Office located in Seo-gu, Daejeon; (b) the first preliminary return of value-added tax in the year 2010; and (c) filed a false entry of the total of KRW 1,085,872,60 in the amount of KRW 1,085,872,60 in the aggregate with I Co., Ltd; and (d) the total of KRW 88,014,50 in the H Co., Ltd. in collusion with B from July 25, 2010 until July 25, 2010; and (b) provided goods or services to each business partner, such as the list of annexed crimes Nos. 1,2,4,5, and 6 alone, without supplying the goods or services to each business partner.

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