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(영문) 수원지방법원 안양지원 2013.06.05 2012고합278
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

Defendant shall be punished by imprisonment for a period of one year and six months and by a fine of two thousand won,400,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

【Criminal Power” On June 13, 2008, the Defendant was released on November 28, 2008, when he was sentenced to six months of imprisonment for fraud at the Daejeon District Court, and the remaining term of imprisonment has expired on December 25, 2008. On December 21, 201, the Defendant was sentenced to one year and six months of imprisonment at the Suwon District Court for violating the Petroleum and Petroleum Substitute Fuel Business Act, and the judgment became final and conclusive on July 12, 2012.

【Criminal Facts】 The Defendant is a person who actually operated “I gas station,” a oil wholesale retail company in the name of H in Suwon-si G from November 3, 2010 to August 12, 201.

No act of issuing or being issued a tax invoice under the Value-Added Tax Act without being supplied with or being supplied with goods or services, nor an act of submitting to the tax office the list of total tax invoices by seller by seller with false entries.

Nevertheless, on January 25, 2011, the Defendant reported the establishment of value-added tax for the second period of 2010 on the Suwon-si, Suwon-si, the Defendant submitted a false list of tax invoices by seller as if he/she was supplied with goods or services equivalent to the total value of KRW 1,549,089,000 in total, despite having not been supplied with goods or services from the J branch (K) of the Co., Ltd., and submitted the false list of tax invoices by seller as shown in attached Table (1). From around that time to July 25, 2011, the Defendant submitted the list of tax invoices by seller as shown in attached Table (1) to the above six companies, such as the above IBS, which the Defendant actually operated between the time and July 25, 2011, without being supplied with the said list of value-added tax for the second period of 2,180,0649,085 won, and the Defendant continued to provide the list of taxes by seller or seller.

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