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(영문) 대구지방법원 서부지원 2013.06.11 2013고단470
조세범처벌법위반
Text

A defendant shall be punished by a fine not exceeding 15 million won.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who operates the “E”, “G”, and “H” in the Seo-gu, Seogu, Daegu-gu.

No person shall evade taxes by fraud or other improper means.

On June 1, 2009, the Defendant, while filing a final tax base return on global income tax for the year 2008, Daegu-gu, Daegu-gu, Daegu-gu, Daegu-gu, 38-ro, filed a tax base return on global income tax for the year 2008, the Defendant evaded income tax equivalent to KRW 875,986,09,09,000,000 from around three times to May 31, 201, by reporting KRW 96,739,86,09 as expenses by entering the Defendant’s private expenses, etc. used for the purchase of women’s clothes, etc., who are not related to the operation of the said company, into the said account in the necessary expenses, by reporting the amount of KRW 96,739,86,09,09,09, as stated in the attached list of crimes committed in the same way.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect to J;

1. Each police statement on K, L, M, N,O, and P;

1. Each written confirmation;

1. A written accusation or a report on the closure of the investigation of a tax offense case;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 9(1)3 of the former Punishment of Tax Evaders Act (amended by Act No. 9919, Jan. 1, 2010); Article 3(1) of the Punishment of Tax Evaders Act (Attached Table 1) (Attached Table 2 and 3 of the Punishment of Tax Evaders Act) concerning the crime;

1. Selection of each alternative fine of punishment (the reason for selection: the fact that the defendant has paid all the amount of tax equivalent to the evaded income tax of this case and he has no previous record of the same kind and is against it);

1. The former part of Article 37 of the Criminal Act and Article 20 of the Punishment of Tax Evaders Act among concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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