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(영문) 대구지방법원 2013.11.15 2012고합439

조세범처벌법위반

Text

Defendant

A shall be punished by a fine of 300,000 won.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[Criminal Power] On January 9, 2009, Defendant A was sentenced to a suspended sentence of two years for the violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Seog Branch of the Daegu District Court, and the said judgment was finalized on the 17th of the same month.

【Criminal Facts】

Defendant

A is a representative in the name of L Company in the name of the Gyeongdong-gun K. G.

Defendant

A around May 15, 2008, in the Gu-U.S. Tax Office located in the Gu-U.S. Corporation 1, 174, Dong-si Corporation 1, 2008, upon knowing that B would evade tax evasion or compulsory execution while manufacturing and selling pseudo petroleum products in a L company, A would receive KRW 3 million from B, and allowed the L company to register the L company's business operator in the name of Defendant A.

Summary of Evidence

1. Defendant A’s legal statement

1. B Legal statement;

1. Court rulings (B, A, M, and N);

1. Application of Acts and subordinate statutes to accusations and accusationss;

1. Article 2 of the relevant Act on the Punishment of Tax Evaders (Act No. 9919) and Article 13-2 of the former Punishment of Tax Evaders Act (amended by Act No. 9919, Jan. 1, 2010);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged [criminal record] Defendant B was sentenced to a suspended sentence of two years for a violation of the Petroleum and Petroleum Substitute Fuel Business Act on January 9, 2009 and the above judgment was finalized on the 17th of the same month. Defendant C and D were sentenced to a suspended sentence of one year for the same crime at the Daegu District Court on August 27, 2009 and the above judgment became final and conclusive on September 4, 2009, respectively. Defendant E and F were sentenced to a suspended sentence of two years for the same crime at the same court on August 27, 2009 with imprisonment of two years for the same crime, respectively. Defendant E and F were sentenced to a suspended sentence of two years for the same crime at the same court on September 4, 2009, and Defendant G was sentenced to a suspended sentence of two years for the same crime from the Seogu District Court on February 13, 209 to the same crime on February 13, 2009.

【Criminal Facts】

The facts charged of this case.