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1. The defendant shall be punished by imprisonment for eight months and a fine of forty million won; and
2. The defendant does not pay the above fine.
Reasons
Punishment of the crime
From February 1, 2005 to April 28, 2010, the Defendant is a person who was engaged in blue and water wholesale retail business with the trade name of “D” (former trade name: E until January 10, 207, until April 16, 2008) in Songpa-gu Seoul Metropolitan Government Building 601.
As the Defendant was unable to repay approximately KRW 50 million to I Co., Ltd., which is the customer, the Defendant, following consultation with G and H, which is an auctioneer, and the intermediary wholesaler, the fact that the Defendant: (a) prepared invoices, etc. as if the Defendant did not put up agricultural products at auction; and (b) as if the intermediate wholesaler were awarded a contract at a normal auction, the auctioneer and intermediary wholesaler pretended as if the intermediate wholesaler were awarded a contract, and thus, paid the Defendant agricultural products after deducting KRW 4% of the commission from the wholesale market corporation, the Defendant would be able to use the above price in the repayment, etc. of the obligation; and (c) receive financial conveniences by means of “false listing” under the name of the broker, which remitted the money equivalent to the total sales price to the wholesale market corporation at the closing date
On January 30, 2009, the Defendant filed an income tax return for the year 2008 with the Songpa-gu Seoul Pungdong, and during the above period, the Defendant did not supply the agricultural products equivalent to KRW 2,122,889,000 in total supply value to I Co., Ltd. and Dong Pung-dong, and filed a list of total sales and individual invoices as stated above, even though he did not have any agricultural products equivalent to KRW 1,863,826,00 in total supply value, and the Defendant filed a false statement in the list of total sales and individual invoices as stated therein.
As a result, the Defendant, for the purpose of profit-making, entered a list of total sales and purchase amounts of 3,986,715,000 won under the Income Tax Act, and submitted it to the Government.
(i) the evidence;