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(영문) 서울중앙지방법원 2017.06.12 2016고정3264

증거인멸등

Text

Defendants shall be punished by a fine of five million won.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【Status of the Defendants】 The Defendants and F are the employees of the H sexual surgery located in Gangnam-gu Seoul Metropolitan Government G building (the Defendants are the employees around July 201 and around May 201, respectively), Defendant A and B from around July 2010; Defendant C from around September 2012 to around May 2012; and Defendant C from around September 2012 to around May 201, respectively.

[Criminal Facts]

1. The Defendants’ joint crime (violation of the Act on Special Cases concerning Financing and Foreign Exchange Transactions) is a hospital in which the majority of Chinese patients via an unregistered attraction business entity occupy the majority. As such, the president I of the above hospital’s representative I, and the senior managing director J used the Chinese patient’s payment of a high rate of fees to pay the high rate of fees to the unregistered attraction business entity, and thus, it cannot claim a high rate of operating expenses from the Chinese patient to the Chinese patient and process the fees. Therefore, at the time of the settlement of the patient’s operating expenses, he did not keep all kinds of materials that form taxation data for tax evasion.

Therefore, I and J shall make the original Chinese patient transfer to the above hospital by means of the guidance of the staff in charge, such as Defendant A, B, and C, who is the head of the counseling office, in the event that the former Chinese patient wants to make a settlement in cash and pays it to the above hospital by means of the exchange in the Korean currency through the exchange in the French currency, ② in the case of the transfer of the account, the patient has the patient transfer to the Chinese account in the name of the birth village of K (the referred to as the "retransfer" in the name of the birth village of the Chinese resident), and then transfer the transfer to the Korean account designated by the non- money exchange in the Korean currency and pay it to the above hospital. ③ In the case of the transfer of the card, the card transfer is made by means of the payment terminal provided by K to the above hospital, and the settlement is made by means of the Chinese card settlement terminal provided by K, and is exchanged into the Korean currency through the "M" (the Chinese nationality) of the merchant who supplied the above Chinese card.