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Defendant
A Imprisonment for one year, and Defendant B shall be punished by a fine of 20,000,000 won.
Reasons
Punishment of the crime
Defendant
A was released on February 29, 2008 and the remaining term of imprisonment was terminated on April 8, 2008 while he was sentenced to imprisonment for fraud, etc. at the Seoul Southern District Court on April 20, 2007. A is a person who was sentenced to imprisonment with prison labor for a term of fraud on September 16, 201, and the judgment became final and conclusive on March 29, 2012.
[2012 Highest 326: Defendants A and A are corporations established for the purpose of manufacturing and processing livestock products. Defendant A and Defendant B are corporations established for the purpose of actual operation of “B” (branch, trade name before change) and “B”.
1. Defendant A
A. A. Around January 25, 2009, the Defendant reported the value-added tax for the second period of 2008 from the Sinsi-dong 1799-1, Sinsi-dong 179-1, and submitted a list of total tax invoices by seller to the public official in charge, stating the list of total tax invoices by seller, and submitting it to the public official in charge, during the same period, as if the Defendant supplied goods or services of KRW 46,130,000 from the supply price to the “E” during the period from October 1, 2008 to December 31, 2008.
B. On April 25, 2009, the Defendant reported the value-added tax for the first time from January 1, 2009 to March 31, 2009, submitted a list of total tax invoices by seller to the public official in charge as if he had been supplied goods or services of KRW 613,735,00 from “E” during the period from January 1, 2009, and submitted a false list of total tax invoices by seller to the public official in charge. Dur the same period, the Defendant submitted a false list of total tax invoices by seller to the “stock company G” and the supply value of KRW 37,203,00,00 to the “stock company H” and the supply value of KRW 71,982,00,00 and the supply value of KRW 706,78,00,000 to the “stock company B” and submitted a false list to the public official in charge.
2. The defendant B, a representative of the defendant, processed the defendant's business at the above date, time and place.