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(영문) 창원지방법원 2018.05.16 2016고단1011

범죄수익은닉의규제및처벌등에관한법률위반등

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 becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On January 29, 2015, the Defendant was sentenced to two years of imprisonment for opening gambling at the Changwon District Court, etc., and the judgment became final and conclusive on February 6, 2015.

[Criminal facts]

1. The evasion of value added taxes;

A. The Defendant, from July 1, 2013 to October 10, 2013, opened a G which is an illegal sports gambling site under 508 at Changwon-si from around July 1, 2013, committed an act of hiding income in advance by using a borrowed name H bank, a single bank account, as a deposit account for the betting proceeds, thereby inducing the National Tax Service from tracking income. After receiving the total amount of betting amount of KRW 3,796,861,864 from the above website members to the above account, the Defendant evaded value added tax of KRW 345,169,260 on account of failure to report value added tax by January 25, 2014.

B. The Defendant, from January 20, 2014 to June 13, 2014, set up J (K, L) at the above F 504 and Thailand Bcock I from January 20, 2014 to June 13, 2014, committed an act of hiding pre-income in order to prevent the National Tax Service from tracking income by using the name of the next M, Busan Bank, the Saemaul Bank, the Saemaul Bank, and the Foreign Exchange Bank’s account as a betting money deposit account, and then, received money from the above website members to the above account as KRW 2,537,882,349, but failed to file a report of value added, thereby evading value added KRW 230,716,57,77.

2. Evasion of comprehensive income tax;

A. In 2013, the Defendant evaded the income tax of KRW 1,605,00 as a comprehensive income tax on May 31, 2014, on the following grounds: (a) the Defendant opened a G site as described in subparagraph 1-A; (b) used a borrowed account to conceal income; and (c) used the borrowed account to conceal income; and (d) used the above site to conceal income; and (e) subsequently, the Defendant evaded the total income tax of KRW 20,000,000 by failing to file a comprehensive income tax return by May 31, 2014.

B. In 2014, the Defendant evaded the comprehensive income tax by opening a G site as described in subparagraph 1-B (b) and using a borrowed account.