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(영문) 의정부지방법원 2016.08.18 2015고단4963
조세범처벌법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Tax Evaders Act at the District Court of the Republic of Korea on August 2, 2013, and the said judgment was finalized on the 10th of the same month.

The defendant is a person who was a representative director of D for the purpose of collecting and selling recyclable materials.

1. On April 25, 2011, the Defendant evaded value added taxes in the business office located in Jongno-gu Seoul Metropolitan Government on April 25, 2011, and when filing a report on value added taxes in the first year 2011 of D Co., Ltd. D, Co., Ltd., Ltd., the Defendant unlawfully evaded taxes by receiving tax crediting KRW 33,532,532,641 equivalent to the purchase tax amount calculated by multiplying the above purchase amount by the deduction rate of KRW 592,410,00 in total from 29 persons as shown in the attached Table Nos. 1-29 of the crime list, stating that he/she purchased the waste resources and used goods, although he/she did not have purchased the waste resources from E, he/she did not have any purchase amount from E, thereby denying the tax credit of KRW 33,532,532,641 equivalent to the value added tax amount in the year 2011.

2. On July 25, 2011, the Defendant evaded value added taxes on the second half of the year 2011, and on the second half of the year 2011, when filing a return of value added taxes by the said corporation D in the said corporation D, the Defendant illegally evaded taxes by receiving the deduction rate of KRW 3,549,622 equivalent to the purchase tax amount of KRW 3,549,622 equivalent to the purchase tax amount of KRW 62,522 of the year 201, which was 200 from F in the report of deduction of the purchase tax amount of waste resources and used goods, even though the Defendant did not purchase the waste resources and used goods from F, as described in No. 30-32 of the list of crimes in the attached Table 30-32, stating false facts that the Defendant purchased the above purchase amount of KRW 62,710,00,000 from the total three persons.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a report on completion of investigation into corporate business entities, and a report on completion of investigation by value added tax item;

1. The investigation report (the purchaser of waste resources);

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