beta
(영문) 창원지방법원 진주지원 2014.07.08 2014고단571

조세범처벌법위반

Text

Defendants shall be punished by a fine of KRW 10 million.

Provided, That the defendant A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is the representative director of B, and Defendant B is a corporation established for the purpose of manufacturing and processing fishery products.

1. Defendant A

A. A. On July 2010, the Defendant received a false statement of account: (a) at the office of the D fishing village fraternity located in SPA; and (b) at the said D fishing village fraternity, the Defendant was issued 40 copies of account statement under the Corporate Tax Act (a total amount of KRW 7,681,356,000) under the Corporate Tax Act without being supplied with the shellfish equivalent to KRW 410,000,00 from the said D fishing village fraternity; and (c) even though there was no fact that the said D fishing village fraternity was supplied with the shellfish equivalent to KRW 410,00,00 from the said D fishing village fraternity, the Defendant was issued an invoice under the Corporate Tax Act as of the date of issuance; and (d) from that time, the Defendant was issued 40 copies of account statement under the Corporate Tax Act (a total of supply

B. On April 25, 2010, the Defendant submitted a false statement on the list of individual suppliers’ invoices to the said tax office by stating the false statement on the list of individual suppliers (a total of 7,681,356,000 won) in the list of individual suppliers (a total of 7,681,356,000 won) under the Corporate Tax Act, although there was no fact that he was supplied goods or services equivalent to KRW 500,00 from the E fishing village fraternity in the return of corporate tax for the first period of January 2010.

2. Defendant B Co., Ltd. committed the above act in relation to the Defendant’s business at the time, place, and the Defendant’s representative, the above act.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Report on the closure of tax offense investigation;

1. Application of Acts and subordinate statutes on a copy of purchase account statement (including a list of total account statements by seller);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 10(3)2 of the Punishment of Tax Evaders Act (the issue of a false tax invoice), and Article 10(3)4 (the issue of a false tax invoice).