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(영문) 수원지방법원 안산지원 2019.07.12 2019고합75
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of 1.5 billion won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On February 6, 2018, the Defendant was sentenced to nine years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at Seoul High Court on February 14, 2018, and the judgment became final and conclusive

【Criminal Facts】

The defendant is a person who actually operates the company I, a corporation established for the purpose of wholesale retail and software brokerage in Suwon City B, D, which was opened for the purpose of wholesale retail and software brokerage in Suwon-si E apartment F, Suwon-si H building in Suwon-si, Suwon-si H building in Suwon-si, and six floors, respectively.

1. No one who issues a false tax invoice shall issue a tax invoice under the Value-Added Tax Act without supplying any goods or services;

Nevertheless, on August 31, 2016, the Defendant issued a tax invoice of KRW 9,215,00,000 in total without supplying goods or services to J Co., Ltd., as if D supplied goods or services equivalent to KRW 1,940,00,000 from that time to December 27, 2016, even though D had not supplied goods or services to J Co., Ltd., and issued a tax invoice of KRW 9,215,00,000 in total, without supplying goods or services over four times as shown in the separate crime list 1.

2. No person who receives a false tax invoice shall be issued a tax invoice under the Value-Added Tax Act without being supplied with any goods or services;

Nevertheless, on October 27, 2016, the Defendant was issued a tax invoice as if G was supplied with goods or services equivalent to KRW 1,940,000,000 in total from D, even though G did not receive goods or services from D, and was issued a tax invoice of KRW 6,525,00,000 in total for three times from around that time to December 27, 2016, without being supplied with goods or services for three times as shown in the separate crime list 2.

This is the defendant.

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