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(영문) 수원지방법원 성남지원 2017.01.19 2016고합215
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

Defendant shall be punished by imprisonment for two years and by a fine of KRW 1,250,000.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, at his Government-si, is the representative director of D Co., Ltd. (Co., Ltd. E before and after the change, F Co., Ltd., Ltd., Ltd., hereinafter “D”), and D is a corporation established for the purpose of non-ferrous metal wholesale and retail business, etc.

D In order to prevent an actual trader from imposing a high-rate value added value-added tax in the event of a transaction of non-data, D is a "large carbon business" that issues a false tax invoice without a real transaction and a "large carbon business" that is created with the aim of protecting the actual trader by being located between the said actual trader and the said actual trader.

The Defendant, along with G and H (one name “I”), made a false transaction under the name of the Defendant as the representative director of D, and G supplied false goods to pretend actual transactions, and returned money transferred to D’s account in cash from J Co., Ltd., Ltd., the selling place, by making the Defendant deposit in the cash, and the Defendant, upon receiving G’s instructions, planned the appearance of the fund transaction corresponding to the actual transaction by sharing such roles as transporting false goods or preparing transaction documents, and intended to submit a list of false purchase and sales statements to the tax office with the same content.

1. On January 25, 2015, the Defendant in collusion with G and H to submit a list of separate tax invoices by false buyers. The facts are as follows: (a) around January 25, 2015, the Defendant was issued a false invoice of purchase tax amount of KRW 605,34,167, total supply price from K, which is the purchaser, at the above D office, at around 60,534,414, total tax amount; and (b) on three occasions, such as the bill of the attached crime list (tax invoices by individual purchaser), stating the sum of supply prices, etc. in total, 6,188,312,682, including the purchase price invoice by individual purchaser, at the above D office.

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