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(영문) 서울동부지방법원 2018.11.30 2017고정1745
조세범처벌법위반
Text

Defendant shall be punished by a fine of KRW 17 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 2, 2017, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating the Road Traffic Act at the Jeonju District Court, and the sentence was finalized on May 11, 2017.

No tax invoice shall be issued or received without being supplied with goods or services pursuant to the added-value-added tax-related Acts, and no sales under the Value-Added Tax Act or a list of total tax invoices by seller shall be submitted to the Government by stating in falsity.

The Defendant, while running a construction business, asked C to the effect that, using the name of “D” registered as a restaurant, he/she issues and receives tax invoices, prepares and submits a list of total tax invoices by seller and by seller, and around February 2015, the Defendant: (a) requested C to the effect that “D” type of business in addition to “construction business”; (b) the name of the business operator is changed; (c) the issuance of tax invoices, the name of the business operator at the time of receipt and delivery, and the name of the account holder should coincide, and (d) delegated C to the Defendant with the issuance, receipt, and submission of false tax invoices in the name of “D”.

1. The Defendant in collusion with C on June 17, 2015, issued a false tax invoice amounting to KRW 458,000,000 in total for four occasions, as shown in attached Table 1 of the daily table of crime, by issuing a false tax invoice equivalent to KRW 12,00,000 in the name of “D”, although there was no fact that he/she provided goods or services from “D” to E.S.com.

2. The Defendant who received false tax invoices in collusion with C on May 11, 2015, receives false tax invoices equivalent to KRW 1,819,000 from E, even though he/she did not have received goods or services from E in the foregoing “D,” and receives false tax invoices equivalent to KRW 1,819,000, in total, 35.

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