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(영문) 부산지방법원 동부지원 2018.01.16 2017고합219
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

1. Defendant A’s imprisonment with prison labor and fines of KRW 350,00,000, and fines of KRW 30,100,000, respectively.

Reasons

Punishment of the crime

Defendant

A is a person who actually operates the Busan Shipping Daegu C building or B Co., Ltd. in subparagraph D (limited to all Co., Ltd. E; hereinafter referred to as “B”), and Defendant B is a corporation established for the purpose of real estate development and advertising.

1. Defendant A

(a) No person shall issue or receive any tax invoice under the Value-Added Tax Act without supplying or receiving any goods or service, or without receiving such tax invoice;

Nevertheless, around December 30, 2015, the Defendant issued or received a false tax invoice of KRW 300,000,000 in total amount from November 30, 2015 to December 31, 2016, including the issuance of false tax invoice of KRW 1,691,04,03,854 in total for 41 times, as shown in the separate crime list, from November 30, 2015 to December 31, 2016.

(b) No person who submits a false list of invoices by customer shall submit to the Government a false list of invoices by customer under the Value-Added Tax Act without being supplied with goods or services;

Nevertheless, on January 25, 2016, the Defendant submitted a false list of the sum of the supply amounts of KRW 1,300,000,000 for each purchase account statement at the purchaser office, without being supplied goods or services at the purchaser company of “G” and “H”.

(c)

No person who submits a false entry of a list of total tax invoices by customer shall submit to the Government a false entry of a list of total tax invoices by customer under the Value-Added Tax Act without supplying goods or services.

Nevertheless, on January 25, 2017, the Defendant submitted a list of accounts of KRW 10,000,000 for the supply price of goods or services to a business entity of a trade name, which was not supplied with goods or services to the business entity of a trade name.

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