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(영문) 서울남부지방법원 2016.06.16 2016고합89
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

A defendant shall be punished by imprisonment with prison labor for nine months and fine for 750,000,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On September 6, 2012, the Defendant was sentenced to 10 months of imprisonment for fraud, etc. at the Seoul Southern District Court, and the said judgment became final and conclusive on December 14, 2013, and on December 24, 2015, the Seoul Southern District Court sentenced 4 years of imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuance of false tax invoices) at the Seoul Southern District Court, and the said judgment became final and conclusive on April 28, 2016.

The defendant is a person who actually operates D (Co., Ltd. E after the change) in Gangnam-gu Seoul Metropolitan Government.

No person shall submit to the Government a list of total tax invoices by sales and by seller under the Value-Added Tax Act without supplying or receiving goods or services for profit-making purposes by entering false list of total tax invoices by seller.

The Defendant supplied goods or services equivalent to KRW 109,974,00, supply price of KRW 13,111,00, supply price of KRW 13,110,370 to G (in light of the evidence record 374, “132,210,00” as stated in the facts charged) at the Dobong Tax Office located in 117, Gangnam-gu, Seoul, Seoul around October 25, 2010, as one of the stock companies, and KRW 13,111,00, supply price of KRW 132,210,370 to G (in light of the evidence record 374, “132,210,00” as indicated in the facts charged, and ASEAN Electric Co., Ltd. (hereinafter this industry was changed) at the Dobong-gu, Seoul.

A list of total tax invoices by customer recorded falsely was submitted to the Government.

In addition, from October 25, 2010 to April 25, 2012, the Defendant submitted to the Government a list of the total amount of tax invoices of KRW 5,377,266,021 as the total amount of supply recorded falsely, such as attached list 1 (Sales) to list 7 (Sales) of crime sights.

On October 25, 2010, the Defendant supplied 43,497,672 won (in light of the evidence record 394, “43,497,00 won” as stated in the facts charged, and 63,98,600 won from the support system of the Defendant (in light of the evidence record 394, the Defendant’s evidence record) at the Dobong Tax Office around October 25, 201.

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