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Defendant
A Imprisonment with prison labor for 10 months, the judgment of the defendant B on the crime of 1 of the 2015 Godan 892.
Reasons
Punishment of the crime
Defendant A was sentenced to a suspended sentence of six months for a violation of the Illegal Check Control Act at the Seoul Central District Court on September 12, 2013, and the said judgment became final and conclusive on February 27, 2014. On December 17, 2014, Defendant A was sentenced to one year for a violation of the Illegal Check Control Act at the Seoul East East District Court on March 28, 2015; Defendant B was sentenced to a suspended sentence of two years for a violation of the Illegal Check Control Act at the Incheon District Court on February 18, 2011; Defendant B was sentenced to a suspended sentence of two years for a violation of the Illegal Check Control Act at the Incheon District Court on July 23, 201; Defendant B was sentenced to a suspended sentence of five months for a violation of the Illegal Check Control Act at the Incheon District Court on December 14, 2012; Defendant B was sentenced to a suspended sentence of five years for a violation of the Illegal Check Control Act at the Incheon District Court on December 215, 2013.
"2015 Highest 892"
1. No tax invoice shall be issued or received without being supplied with or being supplied with goods or services for joint crimes committed by Defendants B and C;
Nevertheless, the Defendants are Defendant D Co., Ltd. (hereinafter “D”) actually operated by Defendant B around December 2012.
Although there was no supply of goods or services between Defendant C and Defendant C’s Company I (hereinafter “I”), there was a conspiracy to issue or receive tax invoices as if there was such fact.
Therefore, Defendant C was issued tax invoice as if he received the supply of the goods from D on December 12, 2012, even though he did not receive the goods from D at the end of the end of January 2013, Defendant C issued tax invoice as if he received the supply of the goods amounting to KRW 23,00,000 on December 12, 2012, as well as KRW 4,963,00 of the supply value, such as the part of the attached list of crimes (1).