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(영문) 서울중앙지방법원 2013.09.12 2013고정3659
조세범처벌법위반
Text

Defendants shall be punished by a fine of KRW 25,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A The representative director and the defendant B are corporations established for the purpose of civil engineering and construction work.

1. Defendant A

A. (i) On January 14, 2011, the Defendant issued a tax invoice under the Value-Added Tax Act stating that “290,909,09,090 won” was the supply price of goods or services, as the Defendant supplied goods or services equivalent to KRW 290,90,09,090 to F without supplying goods or services, at the office of the Gangnam-gu Seoul Metropolitan Government E-building No. 403, Seoul Metropolitan Government.

around February 15, 2011, the Defendant issued a tax invoice under the Value-Added Tax Act stating “27,272,72,727 won” as the value of supply, as the Defendant supplied goods or services equivalent to KRW 227,272,727 to F without supplying goods or services to B.

B. On March 10, 201, the Defendant received a false tax invoice issued one copy of the electronic tax invoice under the Value-Added Tax Act, stating that “The value of supply was KRW 500,000,000, as the Plaintiff was supplied with goods or services equivalent to KRW 500,000,000, without being supplied goods or services from the Incheon Civil Works.”

2. A, the representative director of the defendant B, who is the defendant, issued or received a tax invoice under the Value-Added Tax Act without supplying or being supplied goods or services as described in paragraph (1) with respect to the defendant's business;

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol of the accused;

1. The written accusation by the director of the Gangnam Tax Office;

1. Application of Acts and subordinate statutes to a list of total tax invoices by seller, electronic tax invoices, and certified transcript of register;

1. Article 10 (3) 1 of the Punishment of Tax Evaders Act and Article 10 (3) 1 of the Punishment of Tax Evaders Act;

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