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(영문) 광주지방법원 2018.09.14 2017고합207 (1)
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

Defendant

A Imprisonment with prison labor for the crime of the case No. 2017 or 228, the Decision 2017, 207, 216, 456, 207, 201.

Reasons

Punishment of the crime

[2] On December 22, 2014, Defendant A was sentenced to a suspended sentence of ten months for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Danger) in the Gwangju District Court’s Branch on December 22, 2014, and the judgment became final and conclusive on December 30, 2014, and on February 14, 2017, Defendant A was sentenced to a suspended sentence of four months for the crime of violation of the Punishment of Tax Offenses Act at the Gwangju District Court on April 22, 2017 and the judgment became final and conclusive on February 22, 2017.

[2] Defendant A is a real operator of Limited Company D (hereinafter “D”) located in Yongnam-gun C (hereinafter “D”), and D is a corporation established for the purpose of handling scrap metal.

Defendant

A around August 30, 2013, at the above D office, for the purpose of receiving fees in lieu of issuing tax invoices in the name of D. The fact does not exist that D supplied goods or services to D Limited Company E. However, D issued a tax invoice stating as if D supplied goods or services in an amount equivalent to KRW 48,00,000 in the supply price to D Limited Company E, from that time, until March 26, 2014, as shown in the list of crimes 1 attached hereto, 3,313,436,168 won in total, were supplied to 69 times in total. From the same office around September 2, 2013, a tax invoice was issued as if D supplied goods or services to 3,313,436,168 won in total, as stated in the list of crimes 1, and received tax invoices from 207 days in total for the purpose of receiving taxes from 200,700 won in total, 2067.

Accordingly, Defendant A's total supply value of 6,098,106,436.

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