The part against the defendant is reversed, and that part of the case is remanded to Busan High Court.

1. Article 41-3(1) of the former Inheritance Tax and Gift Tax Act (amended by Act No. 9916, Jan. 1, 2010; hereinafter “former Inheritance Tax Act”) provides that where a person having a special relationship with the largest shareholder, etc. receives a donation of stocks of the relevant corporation from the largest shareholder, etc. or acquires them for a fee, the value of the relevant stocks, etc. increased as the stocks, etc. are listed on the securities market or the KOSDAQ within five years from the date of donation or acquisition, and where a person who received a donation of, or acquired a fee for, the relevant stocks, etc. gains a certain amount of profit in excess of the original taxable amount of gift taxes or the acquisition value of, the value of the relevant stocks, etc. shall be deemed to be the value of the property donated to the person who acquired the profits, and Paragraph (6)

The legislative intent of Article 41-3(1) of the former Inheritance and Gift Tax Act is to promote tax equality by imposing gift tax on the listed profits of unlisted stocks and imposing tax on them before the donation or transfer is expected to be realized at the time of the donation or transfer. Therefore, “new stocks” under Article 41-3(6) of the former Inheritance and Gift Tax Act shall be deemed to include “new stocks” as well as “new stocks with compensation based on the original donation or transfer

In addition, Article 47-2 of the former Framework Act on National Taxes (amended by Act No. 911, Jan. 1, 2010; hereinafter the same) provides that when a taxpayer fails to file a tax base return within the statutory due date of return, an additional tax shall be imposed without filing a tax return; Article 47-3 provides that when a taxpayer files a tax base return under tax-related Acts within the statutory due date of return and the tax base reported falls short of the tax base to be reported under tax-related Acts, an additional tax shall be imposed