beta
(영문) 수원지방법원 2017.07.14 2016고합116

특정범죄가중처벌등에관한법률위반(조세)등

Text

A defendant shall be punished by imprisonment for a year and six months, and a fine of 600 million won.

If the defendant does not pay the above fine, 1.2 million won.

Reasons

Punishment of the crime

[Majority Opinion] On August 21, 2015, the Defendant was sentenced to two years and six months of imprisonment and four years of suspended execution on August 31, 2015 to the Seoul High Court for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).

[Criminal facts] The defendant was the representative director of the management company in D's location, which was the representative director of D's M'E (hereinafter "E").

From January 1, 2004 to December 31, 2012, the Defendant received payment through 20 accounts in the name of F, G, H, etc. in the name of a borrowed account, and raised “non-funds” by receiving payment. As to the sales received from borrowed accounts, the Defendant attempted to conceal income by means of not issuing a tax invoice to the seller and evade taxes.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (tax) shall, in filing a final return on the value-added tax for the second period of 27 years 2008 at the Seosung tax office located in 209, Jan. 29, 2009, by omitting the sales received in the borrowed account and filing a return on the value-added tax for the second period of 25 years 2008, the value-added tax actually to be returned and paid is 137,750,094,000 and 137,750,79,509,396 won on Jan. 29, 2009; the value-added tax amount of 79,509,396 won on Mar. 31, 2009; and the value-added tax amount of 209,709,397,974,000 won shall be reported and paid by omitting the sales received in the account for the second period of corporate tax return and payment.