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[Defendant A] Imprisonment with prison labor for 5 years and fine of 20,000,000 won
The above fine shall not be paid by the defendant.
Reasons
Punishment of the crime
[criminal power] Defendant A was sentenced to six months of imprisonment for a crime of fraud at the Incheon District Court on November 6, 2014, and the above judgment was finalized on March 23, 2015, and Defendant B was sentenced to six months of imprisonment for a crime of fraud at the Daegu District Court on October 24, 2013, and the judgment became final and conclusive on January 24, 2014.
【Criminal Facts】
[2014 Gohap175] (Defendant A) Defendant and K are each unregistered non-registered operators (Dong), L is the representative of N in M in the time of chemicalization, andO is the non-registered non-registered operators.
On March 2012, in collusion with K, L, andO, the Defendant intended to gain profits from the sale of scrap metal in return for assisting Defendant, K, andO to trade in scrap metal on the ground of the aforementioned N as the “signing company” in its name. Defendant, K, andO purchased the non-stock volume traded with non-data from “P” in the name of “p, etc. without real transaction.” Based on this, the Defendant, K, andO intended to receive a false tax invoice by seller as if they were purchased from “p, etc. without real transaction.” Based on this, the Defendant intended to evade the value-added tax by fraud or other unlawful means by receiving a deduction from the final return of value-added tax.
1. Around July 25, 2012, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Tax) in collusion with K, L andO, and the Defendant entered the final return of value-added tax for the first time in 2012 on the said N, in collusion with K, L andO, and entered the said money as if Q were actually purchased from Q, and deducted KRW 86,294,978 in the final return of the total tax invoice for the purchase of the said goods or services. Although N was not supplied with the goods or services, the Defendant entered the said money as if Q were actually purchased from Q, and then deducted KRW 86,294,978 in the final return of the total tax invoice for the purchase of the said goods or services from P as if it actually purchased the said money with the purchase amount of KRW 8,260,503,810 in the total tax invoice for the total tax invoice for the purchase of the said goods or services from P, and deducted KRW 286,50,381, N.