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(영문) 서울중앙지방법원 2013.11.01 2013고합485
특정범죄가중처벌등에관한법률위반(조세)등
Text

A defendant shall be punished by imprisonment for a term of two years and a fine of one billion won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who has operated the precious metal wholesaler E in Jongno-gu Seoul Metropolitan Government, and is a person liable to report value-added tax and global income tax.

From July 10, 2008, the Defendant, while operating E, received sales proceeds from the deposit account in the name of F in the name of F in order to sell precious metals and omit sales in the process of selling precious metals to the customer who carries on precious metal sales business and concealed sales proceeds from the deposit account in the name of F, which is received from the customer F, and had the intent to evade taxes by not issuing a tax invoice on sales to the customer.

1. Violation of the Punishment of Tax Evaders Act;

A. Although the Defendant evaded value-added tax, from July 10, 2008 to December 31, 2008, sold precious metals equivalent to KRW 1,048,097,00 in Jongno-gu Seoul Metropolitan Government D to customers, he did not issue a tax invoice to the customer and concealed the sales proceeds of precious metals by being deposited into the bank account of F, which is the place of the transaction. On January 12, 2009, the Defendant evaded value-added tax return of KRW 1,048,097,000 against the customer by intentionally failing to report the sales proceeds of precious metals of KRW 1,04,809,700 with the lapse of January 25, 2009, the time limit for the return and payment of value-added tax for the second period of value-added tax for the transaction.

The Defendant evaded value-added tax on four occasions from January 25, 2009 (value-added tax No. 2, 2008) to July 25, 2010 (value-added Tax No. 1, 2010) as indicated in the No. 1, 3, 4, and 6 of the List of Offenses 1 by omitting transaction partners’ sales.

B. On May 22, 2009, the Defendant evaded global income tax by intentionally failing to file a return of KRW 1,048,097,000 of the precious metal sales revenue amount concealed as stated in the foregoing paragraph (a) with the Dongdaemun-gu tax office on the global income tax in 2008, and by passing on May 31, 2009, the global income tax return and payment deadline of the global income tax in 2008.

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