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(영문) 창원지방법원 마산지원 2015.12.16 2015고단535
조세범처벌법위반
Text

Defendant shall be punished by imprisonment with prison labor for a violation of the Punishment of Tax Evaders Act as stated in the attached list Nos. 1, 2, 4, 5, and 6.

Reasons

Punishment of the crime

On October 24, 2012, the Defendant was sentenced to the suspension of the execution of two years for a violation of the Punishment of Tax Evaders Act by committing the crime of violating the Punishment of Tax Evaders Act at the Changwon District Court Msan Branch. On November 1, 2012, the said judgment became final and conclusive.

No person shall issue or be issued a tax invoice under the Value-Added Tax Act without supplying or being supplied with goods or services, and no person obliged to prepare and issue a tax invoice pursuant to the Value-Added Tax Act shall issue it by entering a false tax invoice therein.

Nevertheless, the Defendant, as the representative director of E Co., Ltd. (hereinafter “E”), issued or falsely entered three tax invoices worth KRW 752,454,545 in total of the supply value as shown in the separate sheet of crime from around November 12, 201 to around December 19, 201 without supplying goods or services, and received five tax invoices worth the total purchase value of KRW 1,193,49,99,99 without being supplied goods or services, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (a copy of the separate decision made by the Bank of Korea, which is a trade counterpart company, shall be attached);

1. A written accusation;

1. Each electronic tax invoice;

1. Previous records: Criminal records, etc., inquiry reports, previous records of dispositions, reports on results of confirmation, and application of Acts and subordinate statutes to criminal records, etc.;

1. Article 10(3)1 of the Punishment of Tax Evaders Act (Issuance of false tax invoices), Article 10(1)1 of the Punishment of Tax Evaders Act (Issuance of tax invoices with false entries), and Article 10(1)1 of the Punishment of Tax Evaders Act (and issuance of tax invoices with false entries), and the Punishment of Tax Evaders Act of each tax offense, which

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