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(영문) 대전지방법원 천안지원 2017.09.13 2017고합143
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

Defendant

A and B shall be punished by imprisonment for one year, and by a fine of 20,000,000 won, respectively.

except that this judgment.

Reasons

Punishment of the crime

Defendant

C Co., Ltd. is a corporation established for the purpose of manufacturing orders for industrial plants in Asia-si.

Defendant

A is a representative director of the above corporation who manages the company, and the defendant B is a financial director of the above corporation who exercises overall control over the fund management affairs.

No person shall issue or receive tax invoices under the Value-Added Tax-Related Acts without supplying or receiving goods or services for profit.

1. Defendant A and Defendant B planned to exchange false tax invoices in order to maintain the external credit rating by increasing the asset size of a corporation, by pretending the transaction of bills or debt collection with the customer, and around August 20, 2012, Defendant A and the said Defendants received one copy of false electronic tax invoice from I (hereinafter “I”) as if they were supplied goods or services equivalent to KRW 985,00,000 from I (hereinafter “I”), and received one copy of false electronic tax invoice from around that time to November 5, 2013 as shown in the attached list of crimes.

Accordingly, the Defendants conspired to issue or received false tax invoice amounting to KRW 4,420,000,000 in total supply value for profit-making purposes.

2. Defendant C Co., Ltd. committed the same offense as the Defendant’s representative A, etc. committed a violation in relation to the Defendant’s business.

Summary of Evidence

1. The respective legal statements of the defendant A and B;

1. Copy of the protocol concerning the examination of suspect to the K; and

1. Statement by the police concerning L;

1. A written accusation;

1. Application of the laws and regulations on the list of tax invoices, certificates of all registered matters, details of transactions, details of each entry and withdrawal transaction, payment records by transaction partner's false tax account statement, transaction partner's director(s) and bank's account books, output of bank's detailed inquiries, and electronic tax account table list 1.

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