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(영문) 서울중앙지방법원 2020.08.27 2019고합698

특정범죄가중처벌등에관한법률위반(조세)등

Text

A fine of one year of imprisonment and a fine of 450,00,000 won for a crime No. 1 of the judgment of the defendant, and a fine of 2 of the judgment of the court.

Reasons

Punishment of the crime

[Criminal Power] On January 11, 2018, the Defendant was sentenced to imprisonment with prison labor for violating the National Sports Promotion Act at the Seoul Western District Court on January 11, 2018, and the judgment became final and conclusive on January 19, 2018.

【Criminal Facts】

1. From April 2016 to May 1, 2017, the Defendant established and operated “D” and “E”, which is an illegal gambling site similar to sports soil, in the Gangnam-gu Seoul Building C, etc., and did not file a report on KRW 340,471,04,710,402 with the competent tax office on January 26, 2017, and did not file a report on KRW 3,40,471,04,040 for value-added tax on the two-year period from January 26, 2017; and did not file a report on the revenue amount of KRW 3,40,404,710,402 with the competent tax office on June 1, 2017; and did not report the revenue amount of KRW 47,397,971,97 for global income for the year 2016; and did not report the revenue amount of KRW 16,464,2017.

As a result, the Defendant evaded the total of 807,103,683 won of value-added tax and global income tax by fraud or other unlawful act.

2. On June 1, 2018, the Defendant in violation of the Punishment of Tax Evaders Act established and operated an illegal gambling site as above, stated this part of the indictment as “4,192,506,462 won” in the competent tax office around June 1, 2018 in the manner of receiving the money from the account in another person’s name without registration of business. However, according to the result of inquiry by the head of the competent tax office on the racing, the Defendant’s “tax revenues”, which is the premise for calculating the global income tax for the year 2017 against the Defendant, is recognized as having been 4,163,074,549, and even if the amount was corrected ex officio, it is deemed that there is no obstacle to guaranteeing the Defendant’s right of defense.” Thus, the Defendant’s “4,192,506,462 won” is corrected as “4,163,074,549 won.