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(영문) 대법원 2011. 09. 29. 선고 2011두14289 판결
(심리불속행) 실물거래 없는 허위의 세금계산서를 수수하였음[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2010Nu22124 (Law No. 19, 2011)

Case Number of the previous trial

Cho High Court Decision 2007west 4889 (Law No. 30, 2009)

Title

(C) A false tax invoice without real transaction was received.

Summary

(W) The disposition imposing value-added tax and general income tax on a processing transaction is legitimate, since it is proved that a false tax invoice without real trade was received as a software development and medical appliances retailer.

Cases

2011Du14289. Revocation of the imposition of value-added tax

Plaintiff-Appellant

Ansan et al.

Defendant-Appellee

Head of Seocho Tax Office

Judgment of the lower court

Seoul High Court Decision 2010Nu22124 Decided May 19, 201

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal by the appellant are not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and therefore all of the appeals are dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent

Reference materials.

If the grounds of final appeal are not included in the grounds of final appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of trial without continuing the deliberation on the merits of the grounds of final appeal, and refers to the system of dismissal of final appeal by judgment without continuing the deliberation on the merits of the grounds of final appeal (see this case, e.g.,

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