(영문) 서울남부지방법원 2012.10.18 2012고합456

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(영문) 서울남부지방법원 2012.10.18 2012고합456

특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)

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Defendant shall be punished by imprisonment for a year and six months, and a fine of 540,000,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The prosecutor prosecuted the Defendant that the Defendant committed the instant crime in collusion with E, but the Defendant stated to the effect that he/she was his/her own single criminal conduct and made credibility in his/her statement, thereby recognizing it except the above conspiracy part.

The actual operator of the Fund in charge of the settlement of accounts, etc. (hereinafter referred to as the “F”) issued a false tax invoice in the name of F by means of the following: (a) the Defendant, as the representative director of F, a company which has no substance, received the false tax invoice from E, etc.; (b) the customer who wants to receive the false tax invoice; and (c) the customer and F, as if the actual transaction had occurred between the customer and F by means of Internet banking, etc.; and (d) returning the price to the customer or receiving the refund from the customer, etc.; (c) the Defendant issued a false tax invoice in the name of F; and (d) the amount equivalent to 10% of the value of supply stated in the tax invoice as a commission; and (e) the Defendant again

1. On April 201, the Defendant received a false tax invoice of the amount equivalent to KRW 29,00,000 from the above H, in the office of the Guro-gu Seoul Metropolitan Government G Building No. 405 (ju) from the H (hereinafter “H”), although there was no fact that the Defendant received goods or services from the H (hereinafter “H”).

In addition, the Defendant received 15 copies of false tax invoices equivalent to the total value of KRW 1,964,00,000,000 from H in the same manner as indicated in the attached list of crimes (1) from the end of April 201 to the end of June of the same year.

2. On or around January 201, the Defendant: (a) did not supply goods or services to the F Office, and (b) did not supply the goods or services to the F Office; (c) by the said method, one false tax invoice equivalent to KRW 203,025,680 of the supply value to the said I in the said manner.

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