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(영문) 수원지방법원 2014.07.03 2013고합754
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

Defendant

A Imprisonment with labor for two years and fines for 1,400,000,000 won, and Defendant B with fines for 100,000,000 won.

Reasons

Punishment of the crime

Defendant

A is the representative director of the company B, and the defendant B is a corporation established for the purpose of waste synthetic resin manufacturing, etc. in the population D at the time of Gyeonggi-si.

1. Around March 2012, the Defendant purchased non-ferrouss, etc. from E and H, but did not engage in transactions that are supplied by G companies, etc., a company involved in loan metal, etc., and thus, Defendant A and H companies, which were operated by the Defendant, purchased non-ferrouss, etc. from G companies and H companies and supplied them to loan metal, etc., Defendant A received a proposal from the Defendant that he/she will pay fees of KRW 50 per Kg for coppers, KRW 30 per 1 Kg for new stocks, KRW 20 per 1 Kg for waste cables, and KRW 20 per 1 Kg for waste cables.

On July 25, 2012, the Defendant filed a final return on the value-added tax base for 1161-gil 71,00,000 to B on July 25, 2012, the Defendant submitted a false list of total tax invoices entered falsely as if he and H companies were supplied the total supply value of KRW 6,608,907,097,097 from G companies and eight companies including loan metal, etc., as shown in the attached list of crimes, despite the fact that B did not have any actual supply of non-ferrouss, etc. from G companies and H companies, and that there was no actual supply of non-ferrouss, etc. from H companies.

Accordingly, in collusion with E and F, the Defendant submitted to the Government a list of total tax invoices by purchasing and selling places, stating false information as if the goods were supplied or supplied for profit-making purposes, including the supply price of KRW 13,259,084,747.

2. The defendant B is the defendant.

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