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(영문) 부산지방법원 2014.02.21 2013고합348
특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant: (b) made an investment in the capital of F Co., Ltd., a wholesale and retail chain company established on January 21, 2008; and (c) G conspired to make profits by issuing false tax invoices, etc. to the representative director in the name of the said corporation as a general manager of business activities.

The defendant, in collusion with G, for profit,

A. A. Around June 30, 2008, at the F office of the F office of the corporation located in the Busan Shipping Daegu H. 819, and at the ISS (J, business operator K at the port north-gu of the port of port of port of port of port of port of port of port of port of which the supplier does not provide the goods or services: (i)F, the date of preparation: the ISS: June 30, 2008; (ii) the value of supply: 95,781,818 won; (iii) the value of supply; (iv) a false tax invoice stating “ through transit”;

B. Around February 16, 2008, even though there was no supply of goods or services from the Hatech Co., Ltd., the supplier: (i) Hatech; (ii) Hatech; (iii) the date of preparation: February 16, 2008; (iv) the supply price: 227,035,854 won; and (v) the goods: the supply price was issued with a false tax invoice stating the “clean”; and (iv) from around that time to December 31, 2008, in the same manner, the tax invoice was issued with a false tax invoice stating the amount of KRW 15,157,789,852 in the attached Table.

[Total Amount of supply of false tax invoices 15,235,571,670 won]

2. The defendant and his defense counsel's assertion is the representative director and the actual operator of F Co., Ltd., and the defendant did not have invested capital or overall control over the fund management of the above company.

In addition, a person who issues and receives false tax invoices stated in the facts charged is G, and the defendant does not participate in the crime in collusion with G.

3. Determination

(a) an indictment in a criminal trial;

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