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(영문) 대구지방법원 2015.03.27 2014고합556
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

Defendant shall be punished by imprisonment for not less than two years and six months and by a fine not exceeding 330,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On September 22, 2011, the Defendant was sentenced to imprisonment with prison labor for fraud at the Daegu District Court for one year and two months, and on July 11, 2012, the Daegu Detention House completed the enforcement of the sentence.

The defendant and his accomplice's role in "2014Gohap56" are those who invest operating funds as business owners of "RS" located in Daegu Suwon-gu R (hereinafter "RS") and engage in the business of exporting heavy cell phone equipment.

RT is a person who invests operating funds as a joint business owner of the “RS” and purchases non-data and exports mobile phone devices from “drawer” in bulk to overseas through “RS”.

The RU, as an owner of the business in the name of the RS, recruited the subordinate individual business operator (tentatively called “explosion business operator”) to issue a false tax invoice with respect to the transaction of mobile phone devices in the name of the business operator, and was in charge of collecting all money transferred from the RS’s account to the subordinate business operator’s account to the subordinate business operator’s account in cash in order to pretend the normal transaction.

The Defendant, as the representative of the “RW” located in Daegu-gu, Daegu-gu, the Defendant used the “IF” business operator in the name of the “RV” in the name of the GH 2, the RY is the representative of the “SA” located in the building located in the 101, Seogu, Daegu-gu, and the SB is the representative of the “SD” in the name of the SC 503, and the SE is the representative of the “SG” located in Daegu-gu, Daegu-gu, which is the representative of the “SG” located in the “SG”. The Defendant and the RY et al. were merely imposed on an individual business operator for the purpose of creating false tax invoices necessary for creating appearance such as giving cash and distributing mobile phone devices that were purchased as non-data and distributed through normal business operators.

Criminal facts

Since actual traders who distribute heavy mobile phone devices do not reveal their transaction facts and do so in order to evade various taxes, the defendant is under duty to engage in cash-free transactions.

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