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(영문) 서울중앙지방법원 2017.08.10 2016고합1092
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

Defendant

A Imprisonment of two years and fine of 1,360,00,000 won, Defendant B’s imprisonment of one year and six months and fine of 1,360,000,000 won.

Reasons

Punishment of the crime

[Status of Defendants] Defendant A is a general executive director of Gangnam-gu Seoul Gangnam-gu Seoul J. C Co., Ltd. (hereinafter “C”) with 805 J. (hereinafter “C”), who takes charge of the affairs such as entry of funds, withdrawals, issuance of tax invoices, etc., Defendant C is a corporation established mainly for retail business, etc., and Defendant B is a person who performs the relevant affairs, such as issuance of false tax invoices.

[Criminal facts]

1. Defendant A and B committed a joint crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery, etc. of False Tax Invoice) with intent to increase C sales by issuing and receiving false tax invoices in order to obtain loans under the name of Defendant C, and Defendant B notified Defendant A of the supply price of tax invoices, transaction partners, etc. to be issued falsely to Defendant A via K, who is an employee of Defendant B, and Defendant A conspired to issue or receive false tax invoices based on the supply price of false tax invoices, transaction partners, etc. delivered by the said K.

According to the above public offering, the Defendants issued or received false tax invoices and invoices equivalent to 13,515,861,63 won in total or total of the amounts of sales or purchases entered on a list of total tax invoices by customer and by customer, or submitted to the Government a list of total tax invoices by customer and by customer, a list of total tax invoices by customer and by customer, and a list of total tax invoices by customer or by customer.

(a) there is no fact that the issuance and receipt C has received goods or services from the customer, such as L Co., Ltd.

Nevertheless, according to the above public offering, Defendant A received a false tax invoice, including the supply of goods or services equivalent to KRW 20,389,820,00 from Defendant A through K upon the direction of Defendant B around October 2014, as if he received the supply of goods or services equivalent to KRW 20,389,820 from Defendant A.

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