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(영문) 인천지방법원 2012.11.30 2012고합659
특정범죄가중처벌등에관한법률위반(조세)등
Text

Defendant

A Imprisonment of 2 years and 6 months and fines of 1,500,000,000 won, and Defendant B of 30,000,000 won, respectively.

Reasons

Punishment of the crime

1. Defendant A operated Defendant B (hereinafter “Defendant B”), D, and E Co., Ltd. (hereinafter “E”), Defendant A had the intent to engage in a prompt revolving transaction by issuing a false tax invoice in sequential order to create the transaction performance for export, even though there was no real transaction between the said companies, in order to create the transaction performance for export.

Defendant

B submitted a list of total tax invoices by seller [2012 high 659] Defendant A] around January 25, 2009, Defendant B operated by the above Defendant B (hereinafter “Defendant A”), which was registered as representative director until February 3, 2009, but he actually operated since early February 3, 2008). Although Defendant B did not supply or receive any goods or services between the transaction partner and the transaction partner, Defendant B submitted a list of total tax invoices by seller and H totaling KRW 768,530,700,000, which stated as much as the supply price of goods and services in excess of KRW 752,000,000,000, and each tax invoice by seller.

Defendant

A, from around that time to July 25, 201, from around that time, up to July 25, 201, submitted to the Government a false list of tax invoices by seller equivalent to the total value of KRW 10,307,526,720 (in the indictment, KRW 10,307,526,684 is stated in the indictment, but it is obvious that it is a clerical error in the calculation; hereinafter the same shall apply) in 12 times, such as the list of crimes (1) and (2) in the foregoing manner.

B. In the D Company’s submission of a list of total tax invoices by false seller [2012 high-priced786] Defendant A, around July 25, 2010, filed a list of total tax invoices by false seller (2012 high-priced786) with the D Company’s return of value-added tax for 1 year 2010, the fact is during the reporting period (from January 1, 2010 to June 30, 2010).

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