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(영문) 서울동부지방법원 2019.07.25 2018고합313
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

[Defendant A] Imprisonment with prison labor for three years and six months and fine for negligence of 700,000,000 won

The above fine shall be imposed on the defendant.

Reasons

Punishment of the crime

To the extent that the Defendants’ defense rights are not substantially infringed, the wording, etc. of the facts charged was partly modified.

[Criminal Justice] On October 16, 2015, Defendant A was sentenced to one year and two months of imprisonment for fraud, etc. at the Seoul Central District Court on January 19, 2016, and the execution of the said sentence was terminated at the Seoul Detention Center.

【Criminal Facts】

Defendant

A is the representative director of Seongdong-gu Seoul Metropolitan Government F Co., Ltd. (hereinafter referred to as “F”) established for the purpose of retail business of livestock products (hereinafter referred to as “F”), who actually operates the said company. Defendant B is the business director of F and the business director of Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”) established for the purpose of retail business of livestock products (stock) in Dongdaemun-gu Seoul, Seoul, and H is the representative director of the J (hereinafter referred to as “J”) established for the purpose of retail business of livestock products (stock) and wholesale (stock) in Seo-gu, Incheon.

1. Defendant A and B’s co-principal - the issuance and receipt of false statements in F’s name

(a) No person who issues a false invoice may issue an invoice without supplying goods or services;

Nevertheless, Defendant A and B conspired on November 28, 2016 and issued a false statement equivalent to KRW 2,237,737,120 in total value of supply for profit-making purposes, as stated in [Attachment Table 1-1-4] to October 10, 2017, including that F issued an invoice as if the supply price was supplied to J, although the fact in Seongdong-gu Seoul and L was not a fact that F supplied goods or services to J.

(b) No person who receives a false invoice shall be issued an invoice without being supplied with goods or services;

Nevertheless, around July 5, 2016, Defendant A and B are provided with goods or services by the J in collusion with Defendant A and B.

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