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(영문) 수원지방법원 2018.01.26 2017고합328
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
Text

[Defendant A] Imprisonment with prison labor for 1 year and 6 months and fine of 1,500,000,000 won

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

[criminal record] Defendant B was sentenced to five months and six months of imprisonment for fraud, etc. at the Suwon District Court on August 30, 2012, and the execution of the sentence was terminated on January 18, 2013 at the Suwon District Detention Center. On October 30, 2013, Defendant B was sentenced to eight months of imprisonment for perjury and the judgment became final and conclusive on May 29, 2014.

Defendant

C On April 26, 2017, the court sentenced six months to be sentenced to the crime of violation of the Punishment of Tax Offenses Act in the support of the Suwon Friwon, and the judgment became final and conclusive on October 24, 2017.

Defendant

D On August 22, 2013, the District Court sentenced four months of imprisonment for fraud to be sentenced to two months, and the judgment became final and conclusive on August 30, 2013. On December 23, 2016, it was sentenced to eight months of imprisonment with prison labor for special injury, etc. at the Suwon Fagwon, and the judgment became final and conclusive on February 20, 2017.

[2] Defendant A, B, and C is the actual operator of the Gangnam-gu Seoul building, and (ju)Y’s establishment for the purpose of solar energy installation business in 402, etc. Defendant B is the representative of the Yeonsu-gu Incheon Z apartment 101 Dong 301 Dong 301, and Defendant C is the branch of Defendant B and the above AA as Defendant B’s branch.

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

1. Defendant A

A. On April 29, 2013, the Defendant received false tax invoice, and (i) around (ju) Y office, (ii) in fact, (iii) Y received false tax invoice amounting to KRW 21,272,72,727, as if (iv) Y were supplied with steel scraps, etc. from the above AA, notwithstanding that (v) Y received false tax invoice amounting to KRW 21,272,727.

In addition, the Defendant, including this, for profit-making purposes, committed from October 24, 2012 to December 31, 2013, throughout a total of 51 times, as shown in attached Table 1 (1).

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