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(영문) 인천지방법원 2020.10.13 2020고합184
특정범죄가중처벌등에관한법률위반(조세)
Text

This case shall not be under the jurisdiction of the court.

Reasons

1. On March 12, 2004, the Defendant established D Co., Ltd. (hereinafter “D”) a gold bullion wholesale company exempt from value-added tax on the ground that C is a representative director in the name of Gangseo-gu Seoul Metropolitan Government, as the representative director.

5. A person who was actually operated until 27. E is a person who is living together with the above C and has supervised the above C.

The Defendant, in collusion with E, F, G, H, and C, intended to evade value-added tax arising from the process of importing and distributing the exempted amount by using the aforementioned “D” as a referring to the “explosion business,” and the Defendant ordered the above G and the above H to recruit the head of the D, and the above F is in collusion with the total plan to import the exempted amount from customs duties from a foreign country to distribute the exempted amount to the tax-free company, the heavy coal company, and the taxation-related company. The above G and the above H, according to the Defendant’s direction, moved to China after closing the business, the above C, which is the president of the D, and escape to China, and E shared with the above C and took charge of monitoring the above C.

The Defendant and E, according to the above public offering from May 10, 200 to February 27 of the same month, sell the tax-free gold bullion amounting to KRW 54,928,774,420 in the above D office from May 10, 204 to nine times as shown in the list of crimes, and convert the tax-free gold bullion amounting to KRW 54,928,774,420 in the aggregate of the tax-free gold bullion to the J (hereinafter “J”) and K (hereinafter “K”) by converting it into the tax-free gold bullion amounting to KRW 51,694,760,00 in total nine times, the aggregate of the value-added tax at a lower price than the purchase price at KRW 51,694,76,00 in total, value-added tax, and immediately after paying the purchase price to the purchaser account, at the end of the transaction, the remaining amount after paying the purchase price from the corporate account is clearly impossible to collect the value-added tax before June 30, 20,004.

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