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(영문) 대법원 2018. 12. 28. 선고 2018두57384 판결
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Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu-76069 ( August 22, 2018)

Title

The evasion of income tax by using a borrowed account constitutes the scope of application of unfair non-reported penalty tax.

Summary

The exclusion period of imposition for the plaintiff's evasion of income tax by using the borrowed name account includes fraudulent or other unlawful acts, and the exclusion period of imposition is 10 years, not the general exclusion period of imposition.

Related statutes

Article 26-2 (1) of the Framework Act on National Taxes

Cases

2018Du57384

Plaintiff-Appellant

NewA

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

Seoul High Court Decision 2017Nu76069 Decided August 22, 2018

Imposition of Judgment

December 28, 2018

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Examining the lower judgment and the grounds of appeal, the grounds of appeal by appellant are not included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or are deemed to fall under each subparagraph of paragraph (3). Therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per

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