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(영문) 대전지방법원 천안지원 2017.10.25 2017고합20
특정범죄가중처벌등에관한법률위반(조세)등
Text

A defendant shall be punished by imprisonment for two years and by a fine of 740,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, from March 30, 2005 to June 30, 2014, established and operated “C (former trade name D; hereinafter “C”); and “E (former trade name F,G, hereinafter “E”; from April 25, 2007 to March 31, 2013, the fiber company, in fact, established and operated “E (former trade name F, G,” hereinafter “E”); while the written indictment for H is clearly written “H” but it is obvious that the written indictment for the Defendant is “A” and thus, it is corrected without modification to the written indictment.

(hereinafter the same shall apply)

In other words, it did not issue a tax invoice to the customer who does not know about the source of the textile supplied without receiving the tax invoice from the customer and sold it without issuing the tax invoice to the customer who does not report the sales or revenue.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (tax) was committed by the Defendant at the Seoul Nowon-gu Seoul District Tax Office on January 26, 2010; (b) on July 1, 2009, from July 1, 2009 to December 31, 2009, the Defendant reported the value-added tax on the total supply amount of KRW 1,491,489,363 in total, supplied by H et al. transaction partners, including H, who are not aware of the trade name; and (c) on the basis of fraud or other unlawful act of omitting the sales amount of KRW 1,774,52,631 in total; and (d) on July 27, 2010, the Defendant evaded the value-added tax equivalent to KRW 177,452,631 in total by means of omitting the sales declaration; and (d) on July 27, 2010 through an annual tax evasion of KRW 1,5 years and 200.

2. The Defendant in violation of the Punishment of Tax Evaders Act: (a) filed a comprehensive income tax return at the tax office with the former Trade Union around June 1, 2012; (b) from January 1, 201 to December 31, 2011; and (c) omitted the sales return in the same manner as prescribed in paragraph (1).

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