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The Defendants are not guilty.
Reasons
Ⅰ. Defendant A of the facts charged in the instant case is the largest shareholder of K (83%) established in Malaysia, a tax avoidance area, and the representative director of L (L; hereinafter referred to as “L”) who was the representative director of K (hereinafter referred to as “K”) whose main business is to provide the television for pay in the hotel, etc. and the Internet.
Defendant
B is the chairperson of Gangnam-gu M Co., Ltd. D (hereinafter referred to as "D") and is the major shareholder of the above K (17%).
Defendant
C is the representative director of D, and the defendant D is a corporation whose main business is to provide the paid set television and the Internet to the hotel, etc.
Around November 2007, the above K purchased 100% of the shares of D and operated by D and D in fact by Defendant A and Defendant B.
In addition, as of the end of November 2007, K owned 48.75% of the shares of the above L, and D owned 20.01% of the shares of L.
1. From October 23, 2007, Defendant A and Defendant B had a negotiation with 100% of the above L/C shares from around October 23, 2007, which had been conducted in selling 100% of the above L/C shares with O, a subsidiary of a foreign communications company N, and the above L/C sales price was actually concluded on December 2, 2007 at USD 148,500,000 ($5,737033 per share) of the total amount of L/C shares ($ 5,703 per share). As such, Defendant A and Defendant B conspired to evade the tax to be paid in Korea by means of reducing the income to be acquired by transfer of L/C shares in advance to KS located in the tax avoidance area.
Defendant
On December 12, 2007, A and Defendant B instructed Defendant C, the representative director of DD, to enter into a contract to transfer L/C of 5,179,561 shares to 3.40 U.S. dollars 17,627,444 per share, and Defendant C prepared a share transfer agreement and received 300,000 U.S. dollars from K as the down payment.
Defendant
A and Defendant B were transferred from D on December 21, 2007 with O on December 21, 2007.