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(영문) 수원지방법원 2016.03.31 2016고합61
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

A defendant shall be punished by imprisonment for a year and six months, and a fine of KRW 1,000,000,000.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant was sentenced to three years of imprisonment on September 6, 2013 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (taxs) in the support of Suwon Franchi, which was established on January 17, 2014, and is a person who actually runs a stock company B (hereinafter “State B”) established for wholesale and retail business of construction materials.

1. On July 25, 2012, the Defendant submitted a list of total tax invoices by seller: (a) around July 25, 2012 at the (StateB office located in C; and (b) on July 25, 2012, the Defendant submitted a list of total tax invoices by seller; (c) at the (StateB office located in C; and (d) on January 2012, 208, the Defendant submitted a list of total tax invoices by seller as if he/she received from D, E, or F all goods or services equivalent to KRW 658,549,20 in total supply value eight times, although he/she had not completed the fact that he/she received goods or services from D, E, or from E, the total supply value of goods or services equivalent to KRW 5,851,172,70 in total supply value; and (d) at the tax office or service equivalent to KRW 198,147,300 in total supply value once via three transactions.

2. On July 25, 2012, the Defendant submitted a list of total tax invoices by customer and the Defendant submitted a list of total tax invoices by customer and the Defendant submitted a list of total tax invoices by customer, which was falsely recorded, to the G branch, for profit-making on July 25, 2012, at the foregoing (State)B office around July 25, 2012, and on January 2012, 2012, the fact that the Defendant reported the confirmation of value-added tax at (State)B had not supplied goods or services to (State)G on one occasion, although there was no fact that the Plaintiff supplied goods or services to (State).

3. The Defendant submitted a list of total tax invoices by seller on October 25, 2012 to the Defendant for profit-making purposes, at the above (State)B office around October 25, 2012, and at the two (2) years after filing a scheduled value-added tax return, there was no fact that B received goods or services from D and H.

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