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Defendant
A Imprisonment for four months, and Defendant B shall be punished by a fine of eight million won, respectively.
However, the defendant A.
Reasons
Punishment of the crime
Defendant
On July 20, 2017, A was sentenced to a suspended sentence of one-year imprisonment by the Gwangju District Court for the re-violation of breach of trust, and the judgment was finalized on July 28 of the same month.
Defendant
A is the representative director of E Co., Ltd. (former B Co., Ltd.) located in Gwangju Mine-gu, and Defendant B is a corporation established for construction and soil construction business.
1. Defendant A
A. On December 30, 2014, the Defendant received an excessive statement of tax amount of KRW 8,997,80 from F, the Defendant was issued three copies of the tax invoice amounting to KRW 58,790,00 in total supply value from F, including that E Company was supplied with goods equivalent to KRW 8,97,80,00 from F. However, the Defendant was issued three copies of the tax invoice amounting to KRW 94,792,200 in total supply value from F, etc., as shown in the attached list of crimes (1) up to March 25, 2015, including that at the time, E Company was supplied with goods equivalent to KRW 58,790,00 from F.
B. On March 31, 2014, the Defendant received false statement of tax amount: (a) at the office of E Co., Ltd. around March 31, 2014, E Co., Ltd. issued one copy of the tax invoice stating that E Co., Ltd received goods or services equivalent to KRW 31,616,000 from G as if the supply price was supplied by G; and (b) from that time, from that time, he was issued 38 copies of the false statement of tax amount equivalent to KRW 694,172,229 in total, as in the list of crimes (2) by November 20, 2015.
2. Defendant B, at the above date and place, committed a violation of the Punishment of Tax Evaders Act as prescribed in paragraph (1) in relation to the Defendant’s business.
Summary of Evidence
1. Defendant A’s legal statement
1. Statement made to the defendant A in a protocol concerning the interrogation of the suspect;
1. The accusation statement, a detailed statement of receipt of each processed tax invoice, each construction work performance and comprehensive table, a copy of each tax calculation statement, each electronic tax invoice, the details of each input and withdrawal transaction, and H processed data.