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(영문) 서울중앙지방법원 2017.01.12 2016고합1100
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

Defendant shall be punished by imprisonment with prison labor for a year and six months, and a fine of 1.6 billion won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On February 14, 2008, the Defendant was released on May 1, 2009, when he was sentenced to two years and six months of imprisonment for fraud, etc. at the Suwon District Court, and served in a female prison on May 1, 2009, and the remaining term of imprisonment has expired on October 15, 2009. On June 3, 2016, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court for a violation of the Illegal Check Control Act and the judgment became final and conclusive on June 11, 2016.

1. D-related criminal defendants operated distribution business under the trade name called “D” in Gangdong-gu Seoul Metropolitan Government E 101.

The Defendant submitted and received a list of total tax invoices equivalent to KRW 13,185,690,972 in total supply value for profit-making purposes as follows, and issued and received false tax invoices.

A. The Defendant submitted a list of total tax invoices by false entries to the sales office, and the Defendant submitted a list of total tax invoices by false entries amounting to KRW 4,280,493,00 on seven occasions as follows.

1) On July 26, 2010, the Defendant filed a report on value added tax for the first taxable period of value added at the Leecheon-cheon Tax Office in 2010, and submitted to F a false list of accounts statements of the sales place, stating as if the Defendant supplied goods or services to F, the supply price of which is equivalent to KRW 17,00,000,000, the supply price of which is equivalent to KRW 192,980,000,000, the supply price of which is equivalent to KRW 70,001,000, and KRW 15,006,000,000, and the supply price of which is equivalent to KRW 40,165,000, as if the Defendant supplied goods or services to F.

2) On January 25, 201, the Defendant filed a value-added tax return on the second taxable period of value-added tax at the Leecheon-cheon Tax Office in 2010, and subsequently, did not provide goods or services to the transaction partners, such as (ju) the head of the tax office, despite the fact that he/she had not provided goods or services, the Defendant would have provided goods or services equivalent to KRW 291,461,00,000, the supply price of which is equivalent to KRW 240,746,00,000, the supply price of which is equivalent to KRW 91,00,000,000, and KRW 53,067,000,000.

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