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(영문) 창원지방법원 2016.07.06 2016노374

조세범처벌법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of reasons for appeal is that the defendant was a real transaction;

The testimony of the materials and the witness submitted by the assertion cannot be trusted as they are, and in full view of the summary order to confirm Q, the counter-party to the transaction of this case, and the Defendant’s deposit of money to Q, the withdrawal of money as they are, and flow of typical money for the transaction of non-data, the testimony of the accusation public official P, etc., the judgment below which acquitted the Defendant even if all of the facts charged in this case

2. The facts and circumstances duly admitted and examined by the lower court are as follows: ① KRW 2,50,00, which the Defendant transferred from Q, a supplier of goods, on October 1, 201, to Q Q, shall be paid in advance KRW 10,00,00 as advance payment of goods, and the Defendant supplied Q, on October 10, 201, the goods amounting to KRW 7,437,650 (attached crime No. 36) to the Defendant and the difference is deemed to have been returned (Evidence 36, the evidence record No. 146, 175, and 175). ② The Defendant appears to have received the balance of KRW 36,00 from Q, a supplier of goods, and KRW 48,00,00 from Q, as evidence No. 146, Oct. 14, 201; ② The Defendant appears to have received the balance of KRW 16,010, Q201.