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(영문) 인천지방법원 2019.10.25 2016고합796 (1)
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of KRW 500 million.

However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 30, 2019, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Incheon District Court, and the judgment became final and conclusive on July 9, 2019.

【Criminal Facts】

"2016 Highly 796"

1. On July 29, 2014, the Defendant issued a tax invoice of KRW 4,118,310,495 without supplying goods or services as shown in the separate sheet of crime from June 29, 2015, a tax invoice of KRW 63,118,310,495, which was written in the name of the Defendant, stating as if the Defendant supplied goods or services equivalent to KRW 47,280,00 of the value of supply, although there was no fact that the Defendant supplied goods or services to “E” office located in the Nam-gu Incheon Metropolitan City Office of “D”.

2. On January 26, 2015, the Defendant submitted to the public official in charge of the total tax invoice by false stating that the Defendant supplied goods or services equivalent to the supply price of KRW 385,982,690 (the sum of supply price stated in [Attachment Table 1, 8, 17 through 21, 32, and 34], although there was no fact that he/she supplied goods or services in the Central Tax Office of 585, South-gu, Incheon.

Accordingly, the Defendant issued a tax invoice of KRW 4,18,310,495 in total amount of supply value without supplying goods or services for profit-making purposes, and submitted a false entry of the total supply value of KRW 385,982,690 in total.

(A) An application for amendment to a bill of amendment on July 3, 2019, which was approved by the court in the aggregate of the total supply value, etc., stated in KRW 4,504,293,185, as KRW 456,909,185, the sum of the total supply value, etc., is stated as KRW 456,909,185. This is obvious that it is an error in the calculation, and even if the relevant portion is corrected to KRW 4,504,293,185 without any amendment to a bill of amendment in light of the progress of the pleadings, it does not seem that the defendant would have any substantial disadvantage in exercising his/her right of defense.

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