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(영문) 서울중앙지방법원 2014.11.14 2014고합501
특정범죄가중처벌등에관한법률위반(조세)
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

From October 10, 2007 to March 15, 201, the Defendant is a person who served as the head of the domestic headquarters of SI business of D Co., Ltd. (hereinafter “D”) established for the purpose of manufacturing network equipment, etc. and developing software, such as SI/NI (Radio network and system integration) network equipment.

1. On December 15, 2008, the Defendant was issued a false tax invoice of KRW 1,641,556,547 from the Central T&C Co., Ltd. (hereinafter “Central T&C”) in the D office located in Seongdong-gu Seoul Metropolitan Government, and the fact was not supplied with goods or services from the Central T&C Co., Ltd. (hereinafter “Central T&C”).

2. On December 22, 2008, the Defendant issued a false tax invoice at D office, and on fact, D issued a false tax invoice of KRW 1,61,556,547, as if the Defendant supplied the supply price to the ASEAN, although the Defendant did not supply the goods or services to the ASEAN Co., Ltd. (hereinafter “Korea ASEAN”) without supplying the goods or services.

Accordingly, the Defendant issued a false tax invoice in the amount of KRW 3,303,113,094 for profit-making purposes.

Summary of Evidence

1. Each legal statement of the defendant, F, G, and H;

1. Statement to the prosecution of I;

1. Each police statement to J and K;

1. Application of Acts and subordinate statutes to accusations, tax invoices, investigation report summary, fact confirmations, details of transactions, each judgment, and each investigation report;

1. Article 8-2 (1) 2 and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 10 (3) 1 and Article 18 of the Punishment of Tax Evaders Act concerning the crime;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Imprisonment with prison labor for six months to be suspended and a fine of thirty million won;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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