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(영문) 대전지방법원 서산지원 2019.05.15 2018고단1279
조세범처벌법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 15, 2017, the Defendant was sentenced to three years in Seoul High Court to imprisonment with prison labor for a violation of the Act on the Punishment, etc. of Specific Economic Crimes (Fraud), and the said judgment became final and conclusive on April 10, 2018.

1. A person who is obliged to obtain a tax invoice under the Value-Added Tax Act and a person who is obligated to submit a list of total tax invoices by customer to the Government shall not be issued a tax invoice in collusion with others;

Nevertheless, around December 9, 2013, the Defendant issued a tax invoice containing false amounts of KRW 2,731,636,365,365, as shown in the separate sheet of crime (1) from around that time until April 1, 2014, in collusion with the above dispute resolution committee in connection with the new construction project of C, a stock company in Seo-gu, Incheon, Incheon, in which D had been in progress. In addition, the Defendant received one copy of the electronic tax invoice stating the construction amount of KRW 1,858,9,09,091, as stated in the separate sheet of crime (1).

2. No one shall issue or be issued a tax invoice without supplying any goods or services;

Nevertheless, the Defendant received false electronic tax invoices in an amount equivalent to KRW 75,300,000 from the management plan E in addition to the receipt of false electronic tax invoices in an amount equivalent to the supply price of KRW 75,30,000 from the management plan E in the office described in paragraph (1) around May 2, 2014, from around that time to October 29, 2014, and received false tax invoices in an amount equivalent to KRW 3,718,212,40 in total of supply value as shown in the attached list of crimes (2).

3. No one shall issue or be issued a tax invoice without supplying any goods or services;

Nevertheless, even though the Defendant did not supply the goods or services at the office listed in paragraph (1) around June 9, 2014, the supply value of which is equivalent to KRW 954,90,000 shall be the false tax invoice.

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