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(영문) 서울서부지방법원 2016.12.21 2016고합228
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

Defendant

A Imprisonment of one year and six months and fine of 950 million won, and Defendant B of this case shall be punished by imprisonment of two years and six months and fine of 5.1 billion won.

Reasons

Punishment of the crime

The F Co., Ltd. (the closure of business on August 31, 2015), G Co., Ltd. (the closure of business on October 1, 2015), H Co., Ltd. (the closure of business on December 31, 2015), and I Co., Ltd. (the closure of business on November 18, 2015), without carrying out substantial business activities without human and material equipment, distribute the computer components (hereinafter “non-data”), such as the CPU, MAM, etc. without issuing a tax invoice centering on J Co., Ltd. (the “non-data”), without material supply. The non-data parts were dried from the “non-data supply” and delivered them to the wholesale Co., Ltd. (K, etc.) with the appearance of a real transaction, and then the sales tax invoice was issued so that the above retail Co., Ltd. may receive value-added tax on the purchase of non-material parts, and then the data were supplied without the tax invoice (the so-called “data”).

Defendant

B Upon being entrusted with the overall business of each legal entity from the supply of non-data in this case, the Minister of Land, Infrastructure and Transport intends to act as a manager of each legal entity, such as the establishment of each legal entity, the delivery of non-data parts and the receipt of payments, and the issuance of tax invoices. Defendant A provided Defendant B with the name of the representative of the legal entity, and Defendant B, upon Defendant B’s instruction, delivered non-data parts from the supply of non-data at the parking lot, etc. located in the Jaeaeaeaea, and then delivered them to the wholesale (I representative of the legal entity), M (F representative of the Co., Ltd.) and N (H representative of the Co., Ltd.) to withdraw the amount deposited into the legal entity account in cash and deliver them to B, and as Defendant A, conspired Defendant B to serve as a representative of the legal entity under the name of the legal entity, as

1. Defendant B related to F Co., Ltd. in collusion with M:

(a) April 1, 2015

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