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(영문) 부산지방법원 2013.08.30 2013고합102
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

A defendant shall be punished by imprisonment for a year and six months, and a fine of 4,000,000,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant: (a) the sales revenue of D Co., Ltd and E Co., Ltd. was reduced from approximately KRW 107 billion in 2008 to KRW 51.4 billion in 2009; (b) the Defendant was obliged to repay loans, such as purchase fund loans and loan against loan on credit sales claims; (c) by issuing a false tax invoice, in order to raise an existing loan repayment or extension, fund for corporate operation, etc. by receiving a loan from purchase fund, etc.; and (d) issued or issued a false sales tax invoice in an amount equivalent to KRW 39,417,589,401 in total for profit-making purposes as follows.

1. Crimes related to D Co., Ltd;

A. The Defendant is the representative director of D Co., Ltd.

No act of delivering or receiving the tax invoice as prescribed in the Value-Added Tax Act, without supplying the goods or services.

Nevertheless, around May 25, 2010, the Defendant issued a false tax invoice of KRW 547,379,280, as if he were supplied with steel materials equivalent to the supply price of KRW 547,379,280 from the ethyl source, and issued a false tax invoice of KRW 29, total supply price of KRW 7,286,476,336,336, on 29 occasions, to the suppliers of five business parties, such as Switzerland, from April 28, 2010 to December 13, 2011, as shown in the separate sheet of crime (1).

B. On May 26, 2010, the Defendant of false sales tax invoices issued a false tax invoice as if he/she supplied steel materials equivalent to KRW 309,676,500 of the supply price to E in spite of the fact that he/she had not supplied goods to E in the office of the said D Co., Ltd., and issued a false tax invoice from April 26, 201 to December 30, 201.

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