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Reasons
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(영문) 수원지방법원 2013.10.24 2013고합488
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
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A defendant shall be punished by imprisonment for two years and by a fine not exceeding 1,583,137,857 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

From January 26, 2012 to April 2012, the Defendant conspiredd to issue a processing tax invoice in the name of E to the closed-dong that was purchased by G, H, I, J (hereinafter “G, etc.”) and F, etc., as an actual operator of the F Co., Ltd. (hereinafter “F”), from January 26, 2012 to April 2, 2012, with respect to those who operated the “E” of scrap metal and non- iron retail.

1. On January 31, 2012, the Defendant issued a false sales tax invoice in the F office located in K at Sinsi (hereinafter “F”) and issued a false tax invoice in an amount equivalent to KRW 15,021,70,520, in total by the same method, from that time until April 12, 2012, in the absence of the fact that E supplied goods or services to F, with the supply price of goods equivalent to KRW 71,017,00,000.

Accordingly, the Defendant, in collusion with G, issued false tax invoices equivalent to KRW 15,021,70,520 in total value of supply, instead of supplying goods or services for profit-making purposes.

2. On July 24, 2012, in collusion with G, etc., the Defendant filed the first value-added tax return for the first time in 2012 under the name of E in the Sinsi-dong 1799-1, Sinsi-dong 179-1, and the Defendant submitted a false list of tax invoices for each sales place, stating the supply price of goods equivalent to KRW 809,678,050, as if he were to supply goods or services to the Sinsi-dong 179-1.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each protocol of examination of suspect against the accused by prosecution and prosecution investigators;

1. Each statement of the preparation of prosecution investigators against L, M, N,O, and P;

1. Each statement of the defendant;

1. N’s statement;

1. An accusation, a statement of the issuance of the E(A) tax invoice, a report on the completion of an investigation, and an interrogation report for criminals (A).

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