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(영문) 서울중앙지방법원 2012.07.04 2012고합17
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

Defendant

A Imprisonment of 3 years and fines of 41,000,000,000 won, Defendant B’s imprisonment of 1 year and 15,000,000,000 won.

Reasons

Punishment of the crime

1. Defendant A is the actual operator of (State) E and (State)F. Defendant B is the person who was sentenced to a suspended sentence of ten months on April 27, 201 to a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. at the Daejeon District Court on April 27, 201, and whose sentence became final and conclusive on May 5, 201, and was the representative director of (State)F.

Defendant

A in the course of distributing so-called “free oil”, A made the basis for purchase by issuing a false tax invoice on the gas station to which the oil without any material is supplied. The (State)E received a false tax invoice from (State)F as if the oil is supplied by the gas supplier, and made it pretend that there is a real transaction by receiving the false tax invoice from (State)F. G, H, by issuing and receiving a false tax invoice on G, H, H, to issue and deliver a false tax invoice, and to submit a false list of the total tax invoices by purchase seller to the Government. After having Defendant B registered as the representative director of the F, Defendant B paid the amount of money transferred from (State to F) to the (State) E to deliver it to the direction of oneself or G.

2. (States) falsely received tax invoices and submits false list of total tax invoices by customer;

A. On April 1, 2009, Defendant A filed a false tax invoice with G, J, as if he received oil equivalent to the amount of 26.29,9136,368 won, on the grounds that Defendant A entered a list of total tax invoices in the list of total tax invoices in around July 25, 2009 and submitted it to the Government from around June 30, 2009, Defendant B withdrawn the money deposited in the corporate account in cash from (ju) E to (ju) 6.29,9136,368 won.

Accordingly, the Defendants are G.

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