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(영문) 대전지방법원 홍성지원 2016.08.25 2016고합19
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

Defendant shall be punished by imprisonment for a term of three years and a fine of three thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, from June 2010 to February 28, 2012, is a person who operated a secondhand shop with the trade name “E” in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

1. Any person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuance, etc. of false tax invoices) shall not deliver or receive tax invoices without supplying goods or services pursuant to the provisions of the Value-Added Tax Act, and shall not submit them to the Government by falsely stating a list of total tax invoices by selling and purchasing places;

A. On August 23, 2010, the Defendant issued a false invoice of tax amounting to KRW 19,560,000, as if he were to supply scrap metal equivalent to KRW 130,02,00 to (State)G, (State), H, and (State) G, which was operated by F, and issued a false invoice of tax amounting to KRW 39,625,000,00, as if he were to supply scrap metal equivalent to KRW 130,02,00 to H around November 3 of the same year, and issued a false invoice of tax amounting to KRW 39,625,00,00, as if he were to supply scrap metal equivalent to KRW 39,625,00 to (State) around April of the same month.

B. On January 25, 2011, the Defendant entered a false list of the total amount of KRW 854,947,300 from “J”, “K” and “L” during the taxable period of February 2010 and submitted it to the Government during the taxable period of July 25, 2011 to the effect that the Defendant received the total amount of KRW 13,070,329,850 from “M” during the taxable period of January 25, 201, notwithstanding that no real transaction was made at the public service center of the tax office of Boh-ro 56, Ma-ro, Ma-ro, Ma, Ma-ro, Ma, 56, the Defendant received the total amount of KRW 850 from “M”.

As a result, the Defendant issued false statements equivalent to 14,114,484,150 won in total for profit-making purposes, and submitted a list of total tax invoices by false purchasing agencies.

2. On January 25, 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (tax) is named in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do around January 25, 201.

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