특정범죄가중처벌등에관한법률위반(조세)등
Defendants are innocent.
1. The summary of the facts charged is that Defendant A is the representative director of Company D (hereinafter “D”), and Defendant B is the head of the overseas team exercising overall control over overseas trade of the aforementioned D.
On March 31, 2009, the Defendants: (a) conspired to file corporate tax returns in 2008 in Mapo-gu Seoul Metropolitan Government; (b) conspired to export scrap metal, etc. to a medium-sized importer; (c) made a reduction in the sales amount from January 1, 2008 to December 31, 2008 by omitting the sales amount of KRW 653,201,760, and filing a reduction in corporate tax of KRW 163,300,000; and (d) subsequently, the Defendants evaded corporate tax of KRW 163,30,000,000 by fraud or other improper means; and (e) conspired with the Defendants to evade corporate tax of KRW 163,30,000 from around March 31, 201 to around December 31, 2015 through a reduction in the sales amount of KRW 163,50,000,000,0000 from around 16,2014,201.
Accordingly, the Defendants conspired to evade taxes of KRW 102,185,00 by fraud or other unlawful act.
B. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Taxes) in collusion with the Defendants on March 31, 2010 when filing a corporate tax return in 2009 in Mapo-gu Seoul Metropolitan Government.
The corporate tax of KRW 56,536,00 was evaded by filing a report on reduction of the sales amount from January 1, 2009 to December 31, 2009 by omitting the actual sales amount of KRW 2,575,165,438.
Accordingly, the Defendants conspired to evade taxes of KRW 566,536,00 by fraud or other improper act.
2. Defendants and defense counsel’s assertion are exporting scrap metal to China.