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(영문) 대구지방법원 2014.04.25 2014고합100
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

1. The defendant shall be punished by imprisonment for one year and a fine of 400,000,000 won; and

2. The defendant does not pay the above fine;

Reasons

Punishment of the crime

In Yongcheon-si, the Defendant registered the business with the trade name called D gas stations, and operated the gas station.

1. On January 22, 2010, the Defendant received a false tax invoice from E that the supply price of 24,000 liters via the supply price of 29,236,364 won via the supply price of 29,236,364 liters via the supply price of 24,000 liters via the supply price of 29,236,364 won, even though

The Defendant, including this, received a false tax invoice of KRW 3,881,518,359 in total, as if he/she was supplied with oil on 13 occasions, even though he/she did not receive oil for profit from November 30, 201, from that time until November 30, 201.

2. Around July 30, 2011, the Defendant issued a false tax invoice that the Defendant supplied the transit of KRW 1,627,273 to G, even though the Defendant did not supply it to G (representative H) at the D gas station.

The Defendant, including this, issued a false tax invoice of KRW 122,894,855 won in total, as shown in Appendix II, even though he did not supply oil from that time until December 31, 2012, as if he supplied oil over 27 times, as shown in Appendix II.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Each investigation report (including accompanying documents);

1. Application of Acts and subordinate statutes of a written accusation, tax invoice, report on the completion of the investigation of tax offense, resolution for rectification of value-added tax, and resolution for special rural development tax;

1. Article 8-2 (1) 2 and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 8-2 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 10 (3) 1 of the Punishment of Tax Evaders Act ( comprehensively including the receipt of false tax invoices for profit, and both imprisonment and fines), Article 10 (3) 1 of the Punishment of Tax Evaders Act

1. Of concurrent crimes, the imprisonment with prison labor under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be the largest;

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