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(영문) 서울중앙지방법원 2018.02.13 2017고합822
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

Defendant

A Imprisonment of one year and six months and fine of 620 million won, Defendant B Co., Ltd. and C shall be punished by fine of 3.0 million won.

Reasons

Criminal facts

Defendant

A is the representative director of Defendant B Co., Ltd. (hereinafter “B”) located in Seocho-gu Seoul Metropolitan Government, and the actual representative of Defendant C Co., Ltd (hereinafter “C”) located in the same place.

Defendant

A issued and received false tax invoices between B and C, and agreed to acquire money by means of loans from the bank by unfolding the transaction performance of the said company.

1. Defendant A

A. B-related crimes 1) On September 3, 2015, the Defendant issued a false tax invoice amounting to KRW 2,866,108,696, and KRW 696,00,000 from that time to May 18, 2016, even though there was no fact that the Defendant supplied the goods or services to the above C at the office of the above B-mentioned offices, the Defendant issued a false tax invoice amounting to KRW 575,07,416 as if he supplied the goods or services at the supply price.

2) On October 2, 2015, the Defendant received false tax invoice: (a) notwithstanding that there was no fact that the said C received goods or services from the said offices around October 2, 2015, the Defendant was issued a false tax invoice as if he received goods or services equivalent to KRW 36,852,000 from the supply price; and (b) from that time until June 30, 2016, the Defendant was issued a false tax invoice equivalent to KRW 3,317,48,800 in total from the said C, as shown in the attached Table 2 of the List of Crimes.

As a result, the Defendant issued or received a false tax invoice equivalent to the total amount of KRW 6,183,597,496 without supplying or receiving goods or services for profit-making purposes.

B. C-related crimes 1) Notwithstanding the fact that the Defendant issued a false tax invoice around October 2, 2015, even though there was no fact that he supplied the goods or services to the above C’s office around October 2, 2015, the Defendant supplied the goods or services equivalent to KRW 36,852,000 for the supply value.

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