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(영문) 서울동부지방법원 2013.11.07 2013고합174
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
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Defendant

A shall be punished by imprisonment for ten months and by a fine of 500,000,000 won, and Defendant B shall be punished by a fine of 1,00,000 won.

Reasons

Punishment of the crime

Defendant

A is a representative director of Gangdong-gu Seoul Metropolitan Government H Co., Ltd. (hereinafter referred to as “B”), and Defendant B is a corporation with the purpose of developing and manufacturing intelligent robots and machinery.

1. From January 25, 2010 to December 25, 2010, Defendant A submitted to the Government a false list of total tax invoices of KRW 400,000,000, total supply value of KRW 380,000,00, total supply value of tax invoices of KRW 380,000, and KRW 380,000, in each tax invoice to the J, even though he did not have any actual supply of goods or services in order to raise the company sales performance, Defendant A entered and submitted to the Government a false list of total supply value of tax invoices of KRW 380,00,000, total supply value of each tax invoice of KRW 380,00,00 in each tax invoice to the Government respectively. From that time, from January 25, 2012 to December 27, 2009 to December 20, 2011.

As a result, Defendant A submitted to the Government a list of total tax invoices by seller equivalent to KRW 4,971,364,000 in total for profit-making purposes on a false basis.

2. Defendant B submitted to the Government a list of total tax invoices by seller on the business of Defendant B, as described in paragraph (1), at each date, at each place, as described in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness K and L;

1. A written accusation, a statement of particulars of offense and processing, a statement of opinion, a list of crimes, a copy of data, each of the report on value-added tax, a copy of the sales and purchase tax invoice, a copy of the sales and purchase tax invoice, each of the total tax invoice by customer, a notice of objection, and a written decision;

1. Investigative Report (Submission of Suspect A, Written Decision on Objection), K and this case by the accuser.

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