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(영문) 대전지방법원 2015.01.30 2014고합392
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

Defendant shall be punished by imprisonment for two years and by a fine of KRW 1,300,000.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

From February 20, 2013 to June 30, 2013, the Defendant: (a) received a proposal from the business owner of “D” established for the purpose of non-ferrous and pre-retailing in Daejeon-gu Daejeon-dong, Daejeon-dong; (b) received a false tax invoice from E (Suspension of Prosecution) and F (Detention Prosecution on January 12, 2015) by pretending to engage in scrap metal transactions; and (c) received a false tax invoice from E/F to receive KRW 30 per non-stock km; and (d) received a false tax invoice from E/F to a customer selling the false tax invoice; and (e) the Defendant withdrawn the cash deposited as a trade price from G, which is a non-stock brokerage hub (Detention on July 24, 2014) and divided profits from sales by referring to the dedicated method of issuing a false tax invoice in the name of D and filing a false tax invoice in the name of D and dividing profits from sale.

On February 28, 2013, the Defendant issued and delivered a tax invoice of KRW 109,751,00 to K by the operator of the (ju)J, even though the Defendant did not supply the non-reinform, etc. to the (ju)J from February 18, 2013, and from February 18, 2013 to the operator of the J.

7. By September 7, 200, a false tax invoice of 148 won was issued and delivered among four enterprises, including the JejuJ, in total, in 12,834,66,810 won, as shown in the list of offenses.

Accordingly, in collusion with F and E, the Defendant issued and delivered a false tax invoice amounting to KRW 12,834,66,810 in total of supply values of 148 false sales tax invoices for profit-making purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning L, M, G, and N;

1. Application of Acts and subordinate statutes to a written accusation or accusation;

1. Article 8-2 (1) 1 and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 10 (3) 1 of the Punishment of Tax Evaders Act, and Article 30 of the Criminal Act concerning the crime (necessary and concurrent imposition of fines)

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;

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