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Defendant
A shall be punished by imprisonment of three years and fine of 1.5 billion won, by imprisonment of two years and fine of 800 million won, respectively.
Reasons
Punishment of the crime
[criminal power] Defendant A was sentenced to two years of imprisonment and fine 1.5 billion won due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (issuance of False Tax Invoice, etc.) in the Changwon District Court’s Seongbuk Branch on July 24, 2015, and was sentenced to three years of the suspension of the execution of the above imprisonment, and the said judgment became final and conclusive on October 22, 2015, and is still under the suspension of the
【Criminal Facts】
D is a representative in the name of F in the name of F engaged in the wholesale and retail of scrap iron in Kimhae-si, and Defendant B is a representative in the name of H in the same type of business in Kimhae-si, and Defendant A as the actual operator of the above F and the above H shall not issue a tax invoice or receive a tax invoice without supplying goods or services.
1. Although Defendant A and D’s co-principal Defendant and the said D supplied scrap metal to actual suppliers at H, they issued a false tax invoice to H in the name of the said F, and the said H offered to deduct value-added tax by issuing a tax invoice to the actual supplier, and accordingly, on January 31, 2015, issued a tax invoice stating that the said F supplied goods or services to H in the said office, even though the saidF did not have supplied the goods or services, and issued a tax invoice stating the fact that the said F supplied the scrap metal equivalent to KRW 779,768,060 of the supply value to H by the same method until June 30, 2015 from that time, and issued the tax invoice stating that the said F supplied the scrap metal equivalent to KRW 5,90,331,30,00 in total to H by the same method as written in the list of crimes.
2. The Defendants’ co-principal co-offenders issued false tax invoices to H in the name of the above F even though H supplied non-data scrap metal to the actual demand company, and the above H conspired to issue tax invoices to the actual demand company to deduct value-added tax, and then conspired to deduct the value-added tax from the total value of supply under the above paragraph (1) for profit-making purposes, and then a false tax invoice of the amount equivalent to KRW 5,90,31,330 in the attached sheet 6.