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(영문) 대구지방법원 2018.11.09 2018고합354
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of KRW 500 million.

If the defendant does not pay the above fine, 50,000.

Reasons

Punishment of the crime

[criminal record] On January 16, 2009, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Punishment of Tax Offenses Act at the Daegu District Court on the one-year period of imprisonment, and on September 7, 2018, the same court was sentenced to a crime of fraud, a crime of violating the Punishment of Tax Offenses Act, a crime of violating the Punishment of Tax Evaders Act, and a crime of breach of trust and is still pending in

[2] The Defendant: (a) received and kept the USB, which contains a copy of a certified copy of the said company’s tax account statement from the actual operator E of the LAB, the KAB, the LAB, the LAB, and the LAB, a oil supplier; and (b) received and received the false tax account statement from the other company in the name of the said company; (c) received the fees from the other company; or (d) received the repayment period from the other company from the other company; or (e) had the other company, the creditor, the other company, the creditor, deferred the repayment period; or (e) had the Defendant issued or received the false tax account statement in the name of the said company in order to create a financial account statement

On September 24, 2015, the Defendant issued a false tax invoice equivalent to KRW 2,584,52,581 in total 28 times as shown in attached Table 1 for the crime committed from around the same day to May 28, 2016, as if he/she supplied the oil to the K K oil station although he/she did not supply the oil to the K oil station B, and received a false tax invoice equivalent to KRW 250,181 in total from the above day to May 28, 2016, and around December 1, 2015 from the above office, as shown in attached Table 28,584,52,581 in total, as if he/she received the oil from the KO, even though he/she did not receive the oil from the KO, the Defendant received the tax invoice equivalent to KRW 250,181,816 in total from the KO27,279,278 and 279.

Therefore, the defendant was issued or issued a false tax invoice of at least 3 billion won in total with the supply value for profit.

Summary of Evidence

1.

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