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Defendant
A shall be punished by imprisonment with prison labor for one year and six months, by a fine of 12 billion won, and by imprisonment with prison labor for six months.
Defendant
A above.
Reasons
Punishment of the crime
【Defendant A, on July 4, 2012, sentenced three years of imprisonment and fine of KRW 41,00,000,000 to the Seoul Central District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (issuance, etc. of False Tax Invoice) and the judgment became final and conclusive on January 24, 2013.
【Criminal Facts】
1. In the process of distributing so-called “unmaterial oil”, Defendant A [2013 Highest 414] established “Co. E” (hereinafter “E”), “F of the Co., Ltd.” (hereinafter “F”), and “G” (hereinafter “G”) in order to establish a basis for purchase by issuing a tax invoice on the gas station that is supplied with unmaterial oil. Defendant was willing to issue a tax invoice in the name of the said G, etc. while supplying unmaterial oil and fake petroleum products to the “H gas station,” “I gas station,” and “J gas station,” which the Defendant actually operates.
H The Defendant is a person who actually operated a H gas station in K with the voice group of Chungcheongbuk-gun.
1) On October 25, 2009, the Defendant submitted a false list of total tax invoices in total amounting to 5,36,581,820 won on two occasions as shown in the attached list I of crimes, as if he received goods or services from E, even though he did not receive any goods or services by filing a return of value-added tax in 2009 with the Chungcheong Tax Office located in Geumju-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant submitted a false list of total tax invoices in total amounting to 5,366,581,820 won, as shown in the attached list I of crimes. 2) On October 25, 2009, the Defendant submitted a false list of total tax invoices for profit-making purposes, while filing a return of value-added tax in 209 on the Chungcheong Tax Office located in Geumju-dong, Geumju-si, 209, the Defendant supplied the goods or services to the goods or services, and did not supply them to the goods or services.