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(영문) 인천지방법원 2017.11.29 2017고단5706
조세범처벌법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On June 22, 2017, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution due to a violation of the Illegal Check Control Act by the Incheon District Court, and the judgment was finalized on the 30th of the same month.

[Criminal facts] The Defendant is a person who was the representative of “D” in Bupyeong-gu Incheon Metropolitan City, Incheon.

1. No person who is obligated to prepare and issue tax invoices pursuant to the Value-Added Tax Act shall be issued with a fixed tax invoice;

Nevertheless, even though the Defendant was supplied with lighting fixtures, etc. equivalent to KRW 2,898,30,00 from “E” (E) around August 8, 2012, the Defendant conspired with the representative F and did not receive a tax invoice, and as shown in attached Table 1, as well as attached Table 1, from around that time to December 9, 2015, the Defendant received goods worth KRW 1,118,954,607 over a total amount of 473 times from that time to December 9, 2015, but did not receive a tax invoice in collusion with the representative of the supplier.

2. No person obligated to prepare and issue tax invoices pursuant to the added-value-added tax-related Acts shall issue any tax invoices;

Nevertheless, even though the Defendant supplied electricity-related materials worth KRW 3,00,000 to G, around August 9, 2012, the Defendant failed to issue tax invoices, as well as the Defendant’s two-year period period in attached Table 2, as well as the Defendant supplied goods worth KRW 690,134,816 over 223 times during the period from around that time to December 31, 2015.

3. No person who submits a list of total tax invoices by customer shall submit a false statement of tax invoices by customer, without supplying goods or services;

A. On July 25, 2013, the Defendant filed a final return on value added tax at the Incheon Gyeyang-gu Incheon Tax Office located in the same effect on July 25, 2013, and on January 2013, the Defendant filed a final return on value added tax at H 7,342.

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