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(영문) 대전지방법원 2016.02.16 2015고합238
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

Defendants shall be punished by imprisonment for one year and a fine of 480,000,000 won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

On January 6, 2012, the Defendants were sentenced to one year of imprisonment and two years of suspended execution due to a violation of the Petroleum and Petroleum Substitute Fuel Business Act in the Daejeon District Court, and the said judgment became final and conclusive on January 14, 2012.

Defendant

A according to the investigation records of E, the “J” as stated in the indictment is a clerical error.

The actual operator of G gas station in the name of the business operator who used the name of the business operator and registered in the name of the business operator, and the defendant B, who was in charge of the operation and management of G gas station under the direction of the defendant A, ordered the defendants to receive part of the supply of low-valueless oil, etc. from the divers, and submit a list of false tax invoices by the purchaser by receiving false tax invoices.

around October 25, 2010, the Defendants conspired and submitted to the Government a list of total tax invoices by seller, stating that the Defendants were supplied with goods or services equivalent to KRW 719,818,167 in total in supply value without being supplied with goods or services from H (hereinafter “H”) at the above G gas station.

around January 25, 2011, the Defendants conspired and submitted to the Government a list of invoices by each purchasing entity, stating that the Defendants received goods or services equivalent to KRW 404,363,629 in total supply value from H, 363,629, and submitted a false list of invoices by each purchasing entity, stating that the Defendants received goods or services equivalent to KRW 995,727,273 in total supply value from KRW 995,727,273, as if they were supplied with goods or services.

Defendants conspired to supply goods or services equivalent to KRW 2,062,363,63,635 in total supply value from G gas stations even though they did not receive goods or services from sources in G gas stations at around July 25, 201, and received goods or services from 574,963.

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