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(영문) 대구지방법원 2017.12.15 2017고합349
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

The Defendants are not guilty. The summary of the judgment of innocence against the Defendants is published.

Reasons

1. Summary of the facts charged

A. Defendant A, as the primary facts charged against Defendant A and the facts charged against Defendant B and C, is each representative director of Defendant C and Defendant B. Defendant C is a corporation incorporated for the purpose of the manufacturing of electronic parts in Daegu-gu, Daegu-gu, on December 6, 2001. Defendant B is a corporation established for the purpose of the leasing of real estate in Daegu-gu, Daegu-gu, Seoul-gu, on November 14, 2007.

Defendant

A, Defendant C Co., Ltd., as a processing company, intended to establish an agent of a trading company by acquiring the qualification of a raw material wholesaler through Defendant C Co., Ltd., but the average annual sales amounting to KRW 100 million, the Defendant Co., Ltd., which was merely an average annual sales amount of KRW 100 million, has failed to realize the fact that it was necessary to acquire the qualification of a raw material wholesaler, and Defendant B was willing to acquire the qualification of a raw material wholesaler.

1) Defendant A) The Defendant received false tax invoices (such as issuance of false tax invoices) of the Punishment Act of the Specific Crimes (hereinafter “Special Crimes Punishment Act”) from six business partners, including I Co., Ltd., on or around January 31, 2015, as the representative director of the said C Co., Ltd., and received one copy of the false tax invoice of KRW 53,932,00 from I Co., Ltd., as if he was supplied with films equivalent to the supply price of KRW 53,932,00 in spite of the fact that he had not received goods or services from I Co., Ltd., and from then to June 30, 2016, he was issued 50 copies of the false tax invoice of KRW 2,095,58,808 in total from six business partners, including I Co., Ltd., Ltd., for 1 to 50 times in total, including the supply price.

(2) The Defendant, as the representative director of Company B, supplied goods or services at the C Co., Ltd. office around January 31, 2015, and supplied them to C Co., Ltd.

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