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(영문) 인천지방법원 2016.07.06 2016고단234
조세범처벌법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 25, 2014, the Defendant was sentenced to the suspension of execution three years for a crime of violating the Punishment of Tax Evaders Act at the Suwon Franchi, and the judgment became final and conclusive on February 12, 2015.

The Defendant is the representative of the Fwa Holdings in Incheon Nam-gu, and is the partner who owns the shares of G (two years of suspended sentence of imprisonment for August, 2013, and January 17, 2013) and the aforesaid trading hole as one-half of each share, and is in the Fwa Holdings and is actually operating the said trading hole. The Defendant conspired with G to evade value-added tax by filing a tax return having less sales than actual sales.

1. On January 25, 201, the Defendant in violation of the Punishment of Tax Evaders Act reported value added tax for the second period of February 2010 at the Incheon District Tax Office located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and on January 25, 201, the Defendant evaded value added tax equivalent to KRW 41,626,70 by intentionally reducing the taxation standards despite having supplied goods or services from the above company to the tax agent in an amount equivalent to KRW 1,42,211,066 during the pertinent taxable period, and by having the agent file a tax return, thereby evading value added tax equivalent to KRW 41,626,70.

Accordingly, the Defendant, in collusion with the above G, evaded the value-added tax of 41,626,700 won by fraud or other unlawful act.

2. Around April 3, 2012, the Defendant was also under investigation by the Seoul Gangnam Police Station located in Gangnam-gu Seoul Special Metropolitan City HHro 113-gil 1, the Seoul Gangnam Police Station, which operated the said G as the same business with the said G, due to the suspicion of tax evasion. At the time, the Defendant was also under investigation by the suspicion of tax evasion in the wedding hall operated in Gyeonggi-do and the original state of Gangwon-do, and the Defendant was also under investigation by the suspicion of tax evasion.

The Defendant, in collusion with G on July 19, 2012, filed a tax return with the said Fwa Holdings, an employee in charge of accounting of the said Fwa Holdings, “H vice head filed a tax return by arbitrarily omitting cash sales.”

Although the Seoul Gangnam Police Station demanded Hah to make a statement at the Gangnam Police Station, G refused to do so by H.

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