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(영문) 수원지방법원 성남지원 2017.09.14 2016고합258
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

Defendant

A Imprisonment with prison labor of 4 years and fines of 29 billion won, and of 5-A of the judgment of Defendant B, one year, and one year, respectively.

Reasons

Punishment of the crime

[criminal record] Defendant B was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (tax) at the Seoul High Court on January 15, 2009, and the judgment was finalized on May 14, 2009. On November 11, 201, when the grace period was extended, Defendant B was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court on November 27, 201, and the judgment became final and conclusive on January 27, 2012, and the execution of each of the above sentence was terminated at the Jinju Prison prison on August 25, 2014.

[Criminal facts]

1. Defendant A and C’s joint crime (2017 high-class 41) is a corporation with the objective of performing precious metal wholesale business located in Seongbuk-gu Seoul Metropolitan Government, which is established for the purpose of preventing the actual trader from being subject to high-rate value added when it engages in the transaction of non-data, with the aim of preventing the actual trader from being subject to high-rate value added. In order to prevent the transaction of non-data, the “large carbon company” that issues false tax invoices without real transactions and protecting the actual trader.

The Defendants, together with the J, establish H, a corporation with Defendant C’s spouse K as the representative director, and the J has supplied goods to pretend the real transaction and returned the money transferred from the transaction partner to Defendant C in cash, and Defendant A had Defendant C transport false goods or prepare documents related to the transaction in compliance with the direction of the J while managing the H, and had Defendant C take the role of contributing to the transfer of false goods or preparation of documents related to the transaction. As such, the Defendants were willing to issue or receive false tax invoices to describe the appearance of the funds corresponding to the real transaction.

A. On May 14, 2014, the Defendants issued a false tax invoice in collusion with J and issued one copy of the tax invoice equivalent to KRW 122,60,000 in value to L Co., Ltd. on the ground that the facts at H office around May 14, 201 were the most true supply of goods or services without supplying them.

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