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(영문) 대구지방법원 서부지원 2015.04.23 2014고합190
특정범죄가중처벌등에관한법률위반(조세)등
Text

Defendant

A Imprisonment with labor for two years and fines for KRW 1.7 billion, and Defendant B and C shall be punished by imprisonment for one year and six months, and fines for KRW 1.7 billion.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery, etc. of False Tax Invoice) knew that, since the market price of the closed-end interest is relatively higher than KRW 8,000 or KRW 10,000 per 1 km, the Defendants were aware of the fact that, by abusing the fact that the high-value-added tax on the closed-end interest is high, they traded large amounts of closed-end interest while making cash transactions in order not to pay the value-added tax, and concealed transactions by failing to keep evidentiary materials remaining.

In addition, even if the closed interest is traded in a voice, the Defendants were to be supplied to the manufacturers, exporters, etc., a normal tax invoice should be issued to the relevant companies. As such, the Defendants, without a tax invoice, purchased all the closed interest with non-data at a certain distribution stage (in the absence of a purchase deduction) and, when selling the closed interest, made an appearance of issuing all the sales tax invoice so that the seller can obtain the deduction of value-added tax in a normal manner, and it is well known that there is no choice but to require a 'bombomber' as to all criminal liability for tax evasion.

The Defendants, along with I, J, and K, created an individual entrepreneur under the trade name of "M" on the ground that I had no economic ability in the Gandong L from around August 21, 2013 (However, from around September 11, 2013 to around September 25, 2013, Defendant A created an individual entrepreneur under the name of "M" on the ground that I had no economic capacity in the Gandong Island’s L from September 25, 2013. In fact, the said I did not know at all of the purchase or transaction relationship of the closed Ri, purchase the closed Ri as non-data, and distribute it to the upper-tier enterprises through "M" with the purchase of the closed Ri as non-data and the said J, etc., taking full charge of the above "M", notwithstanding the fact that there was no actual closed Ri transaction, as shown in attached Table 1, the sum of supply value in "M" from the above "M" as stated in attached Table 1.

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