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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On November 27, 2006, the Plaintiff is a corporation established for the purpose of oil sales business, etc., and B is the actual operator of the Plaintiff, and C works as the representative director of the Plaintiff, while managing its employees, etc.
B. On July 1, 2012, the Defendant: (a) on the grounds that the purchase tax invoice received by the Plaintiff from D companies and E companies (hereinafter “D”) during the taxable period of value-added tax from the first to the first quarter of 2012 (hereinafter “instant tax invoice”) falls under “processed tax invoice” that does not entail the actual supply of goods; (b) on the ground that the said tax invoice constitutes value-added tax for the first period (including additional tax; hereinafter the same shall apply) 745,502,500, value-added tax for the second period of 2008 (including additional tax; hereinafter the same shall apply); (c) 1,58,696,380, value-added tax for the second period of value-added tax for the year 2009, value-added tax for the first period of value-added tax for the first period of 663,118,020, value-added tax for the second period of 209, value-added tax for 95, value-added tax for the year 205, 1636314,204
(hereinafter referred to as “instant disposition”) C.
On the other hand, on June 28, 2012, the Plaintiff, B, and C was charged with violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery, etc. of False Tax Invoice), violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (taxes), and violation of the Punishment of Tax Evaders Act, etc. on the other hand, and the facts charged as to the instant tax invoice in collusion with F, G, and H were provided by the Plaintiff during the period from January 31, 2010 to March 31, 2012, even though the Plaintiff was not provided with oil (land transit) from D, etc., the Plaintiff received 52 copies of the false purchase tax invoice equivalent to KRW 30,76,782,00 in total, as if the Plaintiff were provided with oil (land transit) from January 31, 2010, and accordingly received 52 copies of the false purchase tax invoice in the year 2010.