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(영문) 서울중앙지방법원 2014.07.18 2014고합623
특정범죄가중처벌등에관한법률위반(조세)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case is a person who used the position of the vice-chairperson of a stock company E (hereinafter “E”) from April 2006 to April 2008, and introduced various business rights to E and received fees in return.

The Defendant, on September 15, 2006, received 1.5 billion won in the name of brokerage fees received from E in the process of transferring, to E, the new loan project site and the right to approve housing projects (hereinafter “instant real estate and business right”) owned by Seongbuk-gu Seoul, Seoul and seven parcels of land (hereinafter “sale corporation”), by receiving 1.5 billion won in the name of brokerage fees received from E, not the account in the name of the Defendant’s name, but the account in the name of Dong group, Dong group, G, and concealed property and income. On May 31, 2007, the distribution tax book located in Seocho-gu Seoul, Seocho-gu, Seoul, without filing a global income tax return on KRW 1.5 billion in the name of the above fees, was evaded by fraudulent or other unlawful act after the lapse of the payment period without filing a global income tax return on KRW 1.5 billion in the name of the above fees.

2. Determination

A. According to the records of this case, the following facts are recognized.

1) The Defendant is the Defendant’s status as H Co., Ltd. (current company name is changed to I, and hereinafter “related corporation”).

2) On August 17, 2006, the Defendant: (a) entered into a contract with the selling corporation to acquire the instant real estate and business rights from the selling corporation; (b) the Defendant: (c) entered into a contract to acquire the instant real estate and business rights; (d) the purchaser’s name as an employee of the relevant corporation, who is an employee of the Defendant; and (e) entered into a contract to acquire the instant real estate and business rights in which the date of the contract is June 7, 2006; and (b) the Defendant entered into a contract to sell the instant real estate and business rights for KRW 4.5 billion to K (hereinafter “Purchase”) which is a subsidiary of E; and (e) separately, sold the real estate and business rights to the selling corporation.

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