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(영문) 대구지방법원 안동지원 2018.02.08 2017고합49
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

Defendant shall be punished by imprisonment for a year and six months, and a fine of 450,000,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal record] On December 17, 2015, the Defendant was sentenced to three years of suspension of execution and fine of KRW 5,00,000,000 for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuance of false tax invoices) at the Seoul Southern District Court on December 17, 201, and the judgment became final and conclusive on May 12, 2016.

[Criminal facts] The Defendant is a person who actually operates D Co., Ltd. in the head of Bupyeong-gu Incheon Metropolitan Government B Building C, and D is a corporation established for the purpose of non-ferrous metal wholesale and retail business.

In order to prevent the actual transaction from imposing an additional value-added tax on the transaction of non-data, D Co., Ltd. established D with E, F, and G (one "H"), and the Defendant is in charge of the representative director of the above company's name. The Defendant distributed the money deposited in return for a false transaction with E in cash, delivered the money deposited in return for a false transaction with E, and issued a false document, and submitted a false statement of tax on the actual transaction to the tax office. The Defendant prepared the external appearance of the fund corresponding to the actual transaction, and submitted a false statement of tax on the seller.

1. On January 26, 2015, the Defendant submitted a false list of total tax invoices by seller, stating that the Defendant was issued 14 copies of total tax invoices by seller at the offices listed in the subparagraphs of the B building C, the purchaser, and the total amount of KRW 1,762,606,480, total amount of KRW 176,260,648, and the total amount of tax paid by the purchaser, to the North Incheon Incheon Tax Office, by pretending that the Defendant did not receive any goods or services, and submitted the false list of total tax invoices by seller at the end of February 2014.

2. The Defendant is actually obligated to submit a list of total tax invoices by false seller without supplying goods or services.

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