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(영문) 대구지방법원 경주지원 2018.05.17 2017고합18
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for 6 years and fine for 9.6 billion won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

“2017 Gohap 18 - Defendant A”

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuance, etc. of falsified Tax Invoice) (such as issuance, etc. of falsified Tax Invoice) Defendant, while operating a scrap metal business under the name of another person, issued a false tax invoice, or obtained profits equivalent to 10% of the supply price by receiving a false tax invoice, although it did not actually receive the supply of scrap metal, etc. or by receiving a false tax invoice. When filing a report on value-added tax with the competent tax office, the Defendant intended to operate a “data business” in a way that does not pay taxes by submitting a false list of total tax invoices by selling

A. On May 2009, the Defendant committed the crime related to G: (a) registered the business entity of “G”, which is a scrap metal business entity, by lending the name of “G”, which is a high-speed scrap metal business entity from H in the racing-si.

On January 25, 2010, the Defendant filed a false report on the confirmation of value added at G’s 2, 209 (from July 1, 2009 to December 31, 2009) at the racing tax office located in Sung-dong, Sung-dong, P, and submitted a false report on the confirmation of value added, despite the absence of the fact that the Defendant supplied J, K, L, M, M, N,O, P, Q, Q (main), R, S, T, U, V, V, M,W, and Y in total, 4,86,01,260 won in value of supply, as if the Defendant supplied scrap metal, etc., and prepared a false report on the confirmation of value added. Notwithstanding the fact that the Defendant received the supply price of Z, M, Z, and scrap metal from AA, the Defendant prepared a false report on the confirmation of value at each supply price of 1,760,281,00 won in total.

As a result, the Defendant submitted to the Government a sum table of 6,646,292,260 won of the supply price for profit-making purposes by stating in falsity a sum table of the purchase price accounts at the purchaser and purchase price.

B. On March 201, the Defendant committed a crime related to AB: (a) was registered as a business operator of “AB,” a steel company, by lending the name of AC and AD in the name of the Goodo-si AC and AD; and (b) was operating the said company; (c) around July 201, the location of the place of business is Busan Metropolitan City.

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