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(영문) 부산지방법원 2018.06.22 2017고합439
특정범죄가중처벌등에관한법률위반(조세)등
Text

1. Two years and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (tax) in the judgment of the defendant.

Reasons

Punishment of the crime

On July 8, 2010, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution on the 16th day of the same month at the Seoul Eastern District Court, and the above judgment was finalized on the 16th day of the same month.

[] Criminal facts in collusion with C (five years of imprisonment on March 10, 201, and fines of 22 billion won) and D (two years of imprisonment and fines of 2 billion won on March 10, 2011) and E (3 years of imprisonment and fines of 3 billion won on July 27, 2016). The Defendant intent to gain substantial profits by delivering Guide to the steel company using the so-called “large coal company,” while supplying it to the steel company, while failing to pay the value of the value paid by the steel company, and thereby, to evade the tax payment. Since the steel company supplied Guide can issue tax invoices in a normal manner, the Defendant wishes to supply Guide from the company without any tax-related issues, the Defendant did not intend to obtain the tax return from the above company, or failed to receive the tax return from the above company for the purpose of purchasing it from the beginning without any need to receive the tax return, the Defendant did not intend to obtain the tax return from the above company, and did not intend to pay the amount of tax to the company.

The Defendant, with respect to the distribution of profits, received the difference between the value-free materials purchased from the remainder after deducting 130 won per annum 1kg for the purpose of operating expenses of G, which is a wide coal business, from the amount calculated by multiplying the value-added rate of 10% by the value-added tax rate of C and G concerning the distribution of profits, and received the difference between the value-free materials purchased from the secondhand material from July 2009 to October 209.

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