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(영문) 광주지방법원 2016.10.26 2016고단1281

조세범처벌법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

A taxpayer or a person who possesses property liable to pay taxes shall not conceal or omit such property or make a false contract for the purpose of evading or evading the disposition on default, and shall not knowingly assist in such activities.

D’s mother, around June 26, 2013, sold the purchase price of E’s land at KRW 5,030,000,000 to F Co., Ltd., and from June 26, 2013, D’s mother, from June 26, 2013

7. Until August 15, 199, the actual receipt of KRW 1,94,924,40, which deducts the obligation of collateral security, etc., and the preliminary return of capital gains tax related to the purchase and sale with the said stock company F was made in the Gwangju District Tax Office, and payment of capital gains tax (851,479,830 won on August 21, 2014) was required.

Nevertheless, D, on July 2, 2013, withdrawn KRW 10 million from the Defendant’s account in custody of some of the above purchase price from the Defendant’s account of Gwangju Bank, from July 30, 2013 to July 30, 2013, withdrawn KRW 1,971,00,000 in cash from the Defendant’s name Gwangju Bank and the Nong Bank’s account, and donated KRW 674,796,950 in total to six children including the Defendant, and donated KRW 674,796,950 in total to the Defendant, and paid KRW 91,00,000 to foreign grandchildren G with fees related to the sale and purchase of this case’s ownership, and the remainder of cash, etc. was concealed or omitted by keeping the property in the name of the Defendant.

The Defendant knowingly received KRW 154,796,950 from the gift and 154,79,950 in order to assist the Defendant in evading the execution of the disposition on default as above, thereby aiding and abetting the act of property evasion.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. (D) details of each passbook transaction, gold certificates, replys to requests for the provision of financial transaction information, gold certificates, and copies of the books of account;