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Reasons
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(영문) 수원지방법원 2013.07.25 2013고단1805
조세범처벌법위반
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from December 2004 to October 201, 201, was a person who operated the “D” as referred to in subparagraph 404 of the C Building 404 located in the G Building B at the time of harmony.

1. On January 25, 2009, the Defendant filed a false list of total tax invoices with the value of KRW 612,00,000 as if he supplied goods or services equivalent to KRW 1,476,336,00, in spite of the supply of goods or services equivalent to KRW 1,476,336,00,00, in the same orchard, which was located in the territory of Young-gu, Young-gu, Young-gu, 1, 2008, and submitted a false list of total tax invoices with the value of KRW 1,064,00,000, in two times, as described in paragraph (1) of the attached list of crimes.

2. On January 25, 2009, the Defendant submitted a false list of total tax invoices in the amount of KRW 824,082,00 in total for two occasions, as shown in paragraph (2) of the attached list of crimes, as if he was supplied goods or services equivalent to KRW 372,00,00,000 from “F” without being supplied goods or services, while filing a return of value-added tax for the second time in the same orchard located in Young-gu, Young-gu, Young-gu, Young-gu, 2008, the Defendant submitted a false list of total tax invoices for two occasions as shown in paragraph (2) of the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The full-time statement of G (including the statement part of H);

1. Application of Acts and subordinate statutes on the list of total tax invoice by buyer and buyer;

1. Article 11-2 (4) 3 of the Punishment of Tax Evaders Act (amended by Act No. 9919, Jan. 1, 2010) and the former Punishment of Tax Evaders Act (amended by Act No. 9919, Jan. 1, 2010);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The community service order is not less than Article 62-2 of the Criminal Act;

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