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(영문) 대전지방법원 2018.07.12 2017재고합30
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

Of the criminal facts of 2015, 355, and the criminal facts of 2015, 378, the defendant's judgment is related to 1 to 4.

Reasons

Punishment of the crime

[criminal records] On July 21, 2011, the Defendant was sentenced to two years of suspension of the execution of imprisonment for a crime of fraud at the Daejeon District Court on July 29, 201, and the above judgment became final and conclusive on July 29, 201. On August 31, 2011, the Defendant was sentenced to two years of suspension of the execution of imprisonment for a crime of fraud at the Suwon District Court on September 8, 201, and the above judgment became final and conclusive on September 14, 201. On January 14, 2016, the Daejeon District Court sentenced to one year and four months of imprisonment for a violation of the punishment of a tax offense, and two months of imprisonment for a crime of fraud, which became final and conclusive on March 18, 2016.

[2] The Defendant and B, 2015, 355, established the company G located in Jung-gu Daejeon, Daejeon, and the Defendant established the company F in Jung-gu, Daejeon.

The Defendant and B, while running the business of distributing non-data scrap metal through I, J and others, had the intent to issue and receive false tax invoices without real transactions in the name of G and H in order to obtain the tax deduction of value added taxes.

1. A sum table of accounts of purchase banks under the name of G Co., Ltd.:

(a) No person shall submit to the Government a sum table of accounts by customer under the added-value-added tax-related Acts entered falsely;

Nevertheless, on April 22, 2010, the Defendant: (a) filed a preliminary return of value-added tax at the Daejeon District Tax Office located in Seo-gu Daejeon, Daejeon on April 2, 2010; (b) the first preliminary return of value-added tax in the year 2010; and (c) filed a false statement of the total sum of KRW 1,085,872,60, and KRW 88,014,50 with Company H, as if G had supplied goods or services to I Co., Ltd.; and (c) filed a false statement of the total sum of the accounts of KRW 8,014,50,00 with B from that time until July 25, 2010, in collusion with B until July 25, 2010, independently, as shown in the list of crimes in the attached Table 1,2,4,5, and6.

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