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(영문) 수원지방법원 성남지원 2017.01.20 2016고단2251 (1)
조세범처벌법위반
Text

Defendant shall be punished by a fine of 20 million won.

The defendant shall be ordered to pay the amount equivalent to the above fine.

Reasons

Punishment of the crime

1. He/she shall not submit to the Government a false list of total tax invoices by seller, etc. (Article 10(3) of the Punishment of Tax Evaders Act) without supplying or receiving goods or services, and shall not submit to the Government any false list of total tax invoices by seller;

Nevertheless, the defendant A was the representative director of the defendant corporation

B A around January 25, 2014, when filing a report on value added tax with the new Gwangju Tax Office in 2013, the fact was that there was no purchase of the product equivalent to KRW 788,152,282 from “C”, and submitted a false list of accounts of accounts of accounts by the purchaser as if he/she purchased the product, and submitted a false list of accounts of accounts of accounts by the purchaser from July 25, 2015 to July 25, 2015, a sum of KRW 1,33,575,951 as shown in attached Table 1.

Defendant’s representative director as above; and

B In relation to the defendant's duties, the above violations were committed.

2. A person obligated to prepare and issue tax invoices under the Value-Added Tax Act, such as breach of duty to issue tax invoices (Article 10(1) of the Punishment of Tax Evaders Act), and a person obligated to submit a sum table of tax invoices by customer and a sum table of tax invoices by customer to the Government shall not submit a sum table of tax invoices by customer entering false matters to the Government;

Nevertheless, the defendant A was the representative director of the defendant corporation

B around January 25, 2014, when filing a report on value added tax with the new Gwangju Tax Office in 2013, the fact was that “D” supplied products of a quantity less than KRW 36,657,220, which is less than KRW 36,657,220, as if it supplied products of an amount equivalent to KRW 36,657,220, and submitted a false invoice list for each sales office from that time to July 25, 2015.

Defendant 1 was a representative director as above;

B With respect to the duties of the defendant.

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