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(영문) 대구지방법원 2017.10.27 2017고합158
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

A defendant shall be punished by imprisonment with prison labor for a period of ten months and a fine of fifteen billion won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

【The Defendant was sentenced to six years of imprisonment for a violation of the Narcotics Control Act at the Daegu District Court on January 13, 2017, and the judgment became final and conclusive on September 21, 2017.

【Criminal facts】 From August 2012 to January 28, 2014, the Defendant operated D Co., Ltd., a corporation established for the purpose of the wholesale and retail business of the non-ferrous metals, such as copper, in Daegu Suwon-gu.

On April 3, 2017, the Defendant received a proposal from E (SP Branch Branch of Daejeon District Court) to conclude that he/she would issue a false tax invoice of KRW 50 per page 50 on the face of a week by pretending a non-stock transaction in the name of a legal entity from E (SP Branch of Daejeon District Court on March 28, 2016) or F (C). Upon receipt of a payment from the seller, the Defendant received false tax invoice from the purchaser by pretending the transaction to be returned immediately after the transfer of the nominal amount of the transaction price to the above E and F, etc., and received false tax invoice from the purchaser. During that process, the Defendant attempted to evade heavy value added taxes by operating a false tax invoice in the manner of issuing false tax invoice to the seller under the name of D, and to acquire false tax invoice at a rate of KRW 50 per page 50 per page.

1. On December 13, 2012, the Defendant, who received false purchase tax invoices, at the office of the said corporation (hereinafter “D”) around December 13, 2012, as if he had not received goods or services from G, he was issued one invoice of tax amounting to KRW 68,475,600 from G as if he had not received the supply of goods or services from G, and from around that time to December 27, 2013, even though he had not received the supply of goods or services as described in the list of crimes in attached Form G at the same place, he was supplied with the total amount of KRW 77,814,902,427 from 10 companies, including G, even if he had not received the supply of goods or services.

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