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(영문) 인천지방법원 2017.02.08 2016고합705
특정범죄가중처벌등에관한법률위반(조세)
Text

Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of KRW 510 million.

However, for the period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of the LAD for the purpose of the business of manufacturing furniture and LAC.

No person shall issue or receive tax invoices without supplying or receiving goods or services, and shall submit to the Government a list of total tax invoices by seller or seller with false entries.

1. Submission of a list of total tax invoices by customer by false entry;

A. On January 25, 2015, the Defendant reported the value-added tax to the Sungsung District Tax Office located in 27, Jindong-si, Susung-si, in order to make a purchase of goods or services around July 2014, the Defendant submitted a false list of total tax invoices by the seller, stating the false list of total tax invoices by the seller from July 25, 2014 to December 2014, although there was no fact that the Defendant supplied goods or services to the Management Bank from July 2014 to December 2014.

B. On July 25, 2015, the Defendant reported the value-added tax to the said Sungsung Tax Office on or around July 25, 2015, the Defendant: (a) did not provide goods or services to the LAE from January 2015 to June 2015; (b) provided the said Tax Office with a false list of total tax invoices by customer, as if he/she supplied goods or services equivalent to KRW 1,062,418,182 as shown in attached Table 1, as if he/she supplied goods or services.

2. Submission of a list of total tax invoices by customer by false entry;

A. On January 25, 2015, the Defendant reported the value-added tax to the said Sungsung Tax Office on or around January 25, 2015, the Defendant: (a) did not receive goods or services from the Plaintiff F and F from July 2014 to December 2014; (b) provided, however, that there was no supply of goods or services from the Plaintiff F and F from July 2014, the Defendant submitted a false list of total tax invoices by seller to the said Tax Office, stating the false list of total tax invoices by seller, as in attached Table 1.

B. Around July 25, 2015, the Defendant reported value-added tax to the said establishmental tax office around July 25, 2015, and the fact is goods or goods from the Fund for the Settlement of Funds and F from January 2015 to June 2015.

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