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(영문) 의정부지방법원 2017.11.30 2014고합273

특정범죄가중처벌등에관한법률위반(조세)

Text

Defendant shall be punished by imprisonment with prison labor for two years and fine for 1,200,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Records] On July 23, 2010, the Defendant was sentenced to imprisonment for one year and six months as a crime of opening gambling in the Seoul Central District Court on July 23, 201, and the judgment became final and conclusive on February 24, 201.

[2] The Defendant is a person who actually operated Company D with the purpose of producing, distributing, selling, etc. game software on the 6th floor of the B building in Namyang-si, Namyang-si.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes due to the tax evasion in 2009 (taxes);

A. From July 1, 2008 to December 31, 2008, the Defendant supplied the aforementioned D office with goods equivalent to KRW 1,374,594,950 in total supply value of pre-paid cards and events coophones that can use C to each of the above D business partners and game users, and concealed the sales proceeds by transferring them to the accounts under the name of four other persons, such as E, at the above D office. On January 25, 2009, the Defendant evaded the value-added tax amount to be paid by D with the return filed by the competent tax office after omitting the sales proceeds.

B. In filing a final tax return on March 31, 2009, the Defendant evaded corporate tax of KRW 385,263,097 to be paid by D on the ground that, as in the preceding paragraph, the Defendant omitted income from sales of pre-paid cards and e-paid cards and reported the lapse of the payment deadline, as in the final tax return of corporate tax of Company D in the competent tax office in 2008.

(c)

From January 1, 2009 to June 30, 2009, the Defendant: (a) provided goods equivalent to KRW 785,044,410 in total amount of supply value of pre-paid cards and e-mail coophones, etc. which enable D Co., Ltd. to use C to each scoo store and game users; (b) on July 25, 2009, when filing a final return on value added tax for the first period of January 2009 with the competent tax office, Co., Ltd., Ltd., the Defendant omitted it; and (c) filed the final return on value added tax for the first period of 2009, when the payment deadline expires, D Co., Ltd. is liable to pay the value tax