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(영문) 서울북부지방법원 2018.01.11 2017고단4658

조세범처벌법위반

Text

The punishment of a defendant shall be eight months.

The execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 5, 2014, the Defendant registered a business operator with the trade name "C" in Seoul Jung-gu, Seoul, 1506 Dong 503, and registered a business operator with respect to construction business by the end of December 2016.

1. No person obligated to prepare and issue tax invoices pursuant to the Value-Added Tax Act shall be allowed to issue tax invoices;

The Defendant, at the office of “C” around January 6, 2014, provided D’s service of KRW 10,000,000 in the supply price to D’ companies, did not issue a tax invoice.

The Defendant, as well as this, supplied goods and services of KRW 1,012,884,478 on a total of 86 occasions, such as attached Table 1, from that to December 29, 2015, did not issue a tax invoice.

2. No person who is obligated to receive tax invoices pursuant to the Value-Added Tax Act shall be issued with a tax invoice fixed in duplicate;

Even if the Defendant was provided with a station for construction works of 2,001,000 won in the office of “C” around April 3, 2014, the Defendant did not receive a tax invoice in collusion with the representative F, and did not receive a tax invoice.

Even if the Defendant was supplied goods or services of KRW 367,362,680 in total over 68 times as shown in attached Table 2 from that time to December 15, 2015, the Defendant did not receive a tax invoice in collusion with the purchaser business representative.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation and conclusion of trade order and the application of Acts and subordinate statutes;

1. Article 10 (1) 1 and (2) 1 of the Punishment of Tax Evaders Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Recognition of errors in the determination of punishment under Article 62-2 of the Criminal Act of the community service order;

There is three fines.

Without being aware of the relevant laws and regulations, the company is operating alone.