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(영문) 수원지방법원 성남지원 2017.02.02 2016고합234
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

A defendant shall be punished by imprisonment for two years and by a fine of 850,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On April 3, 2009, the Defendant was sentenced to a suspended sentence of two years and six months for special robbery at the Seoul High Court. On July 17, 2009, the Defendant was sentenced to three years of imprisonment for special robbery at the Suwon Giwon Giwon Giwon Giwon Giwon Giwon Giwon Gi-gu, which was subject to the suspended sentence, and on September 29, 2009, the said sentence became final and conclusive, and the execution of the said sentence was terminated on June 26, 2014.

The defendant is the representative director of D Co., Ltd. 206 of the Bupyeong-gu Incheon Metropolitan City C Building, and D is a corporation established for the purpose of non-ferrous metal wholesale and retail business.

In order to prevent the actual transaction from imposing value added on the actual transaction without real transaction, D Co., Ltd. is a “large coal company” that issues false sales invoice without real transaction, and the Defendant, upon instructions from E and F (one name “G”), established D Co., Ltd., and takes charge of the representative director under the name of E, takes charge of the above company’s business. E Co., Ltd., together with E, withdraws the money deposited in return for a false transaction from cash and delivers the money to the non-offender in cash, and F wishes to prepare false documents related to the transaction in the name of the Defendant and submit a list of tax invoices to the tax office with the same content.

1. On January 26, 2015, the Defendant submitted a false list of total tax invoices by false buyers to the North Incheon District Tax Office, stating that the Defendant was issued 14 copies of the purchase tax invoices of KRW 1,762,606,480 in total, the purchase price of KRW 176,260,648 in the above office around January 26, 2015, by pretending that the Defendant did not receive any goods or services but actually received any goods or services.

2. A list of false invoices of separate tax by customer.

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