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(영문) 수원지방법원안산지원 2020.12.04 2020고합106
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

A defendant shall be punished by imprisonment for a year and a fine of 300,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On March 28, 2018, the Defendant was sentenced to six years in Seoul High Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the said judgment was finalized on April 5, 2018.

【Criminal Facts】

The defendant was a person who has substantially managed multiple corporations, such as the Bank of Bankruptcy, the Bank of Bankruptcy, the Bank of Bankruptcy, and the Bank of Bankruptcy, and the Corporation. The defendant did not issue and issue a false tax invoice as if there was no actual transaction between the companies managed by the defendant.

No one shall issue or be issued a tax invoice under the Value-Added Tax Act without supplying or being supplied with goods or services for profit.

Nevertheless, the Defendant issued or received a false tax invoice with total supply value of 5,005,454,54,540 for 16 times in total, as shown in the attached Table 1, as if he/she supplied oil, etc., even though he/she did not supply oil, etc. to the Dispute Resolution Co., Ltd. in a place not known around June 18, 2015, as if he/she supplied oil, etc. to the Dispute Resolution Co., Ltd.

Accordingly, the defendant did not supply or receive goods or services for profit-making purposes, and issued or received a tax invoice under the Value-Added Tax Act.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on investigation (including a copy of the supplementary report on the completion of investigation attached to the witness, a copy of the supplementary report on the completion of investigation, the basic matters of B business operators, the details of electronic tax invoices, the details of claims on the outside of the Bank of Korea, financial transaction details, etc.) on the accused in each police interrogation protocol against the accused in part of the witness E’s statement (the statement by H

1. Previous convictions in the judgment: The report of the previous disposition and the results of confirmation, the appeal by the suspect A, and the Supreme Court.

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