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(영문) 부산지방법원 2013.10.16 2013고단4403

조세범처벌법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person who engages in the furniture wholesale business under the trade name of "C" in Gangseo-gu Busan.

1. He/she shall not issue or issue a tax invoice under the Value-Added Tax Act without supplying or being supplied with any goods or services in violation of the Punishment of Tax Evaders Act in connection with false tax invoices;

Nevertheless, the Defendant received, on August 28, 2008, false import tax invoices worth KRW 11,615,922 of the value of supply from the head of the Busan Customs Office as if he had imported the said F in the name of “C” and had not been imported by “C,” and then received, from that time, false import tax invoices worth KRW 1,406,590,280 of the value of supply in the same way 76 times, as indicated in the separate crime list (1) from December 28, 2010, respectively, by the same method as indicated in the attached crime list (1) from December 28, 2010.

2. No person who is obligated to issue a tax invoice under the Punishment of Tax Evaders Act due to the violation of the Punishment of Tax Evaders Act due to the receipt of the tax invoice shall receive the tax invoice in conspiracy;

Nevertheless, the Defendant, at around November 3, 2008, supplied I with the households equivalent to KRW 4,010,000 in supply value from I at the I office of H operation in Yangsan-si, Chungcheongnam-si, but did not in collusion with the Defendant and did not receive a tax invoice from December 29, 2010, as shown in the attached Table of Crimes (2) from that time until December 29, 2010, even though he was provided with a total of KRW 175,672,00 in total from J, J, and K for 74 times, as shown in the attached Table of Crimes (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of L/ E;

1. Each statement of M and N;

1. An investigation report (including a report on the submission of additional data by an accuser), an investigation report (a report on the confirmation, etc. of details of non-receiving tax invoices);

1. Details of receipt of false purchase tax invoices, and the current status of the purchaser of non-data;