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(영문) 서울중앙지방법원 2016.09.01 2016고합241
세무사법위반
Text

Defendant

B Imprisonment with prison labor of one year and six months, imprisonment with prison labor of the defendant J four years, and imprisonment with prison labor of the defendant A two years, respectively.

Reasons

Punishment of the crime

[criminal power] On August 27, 2015, Defendant J was sentenced to imprisonment with labor for a violation of the Act on the Registration of Loan, etc. and Protection of Financial Users and for a crime of fraud at the Incheon District Court, and the judgment was finalized on November 17, 2015.

Defendant

On May 4, 2012, AA was sentenced to one year by the Seoul Central District Court for the violation of the Punishment of Tax Evaders and the Punishment of Tax Evaders Act. On April 6, 2013, AA terminated the execution of the sentence in the female prison.

[2016Gohap241]

1. After acquiring a company with almost no real sales together with C, L, K, B, etc., Defendant J attempted to acquire a nominal loan, such as corporate card, corporate operating fund, trading fund, etc. by submitting financial statements prepared falsely as 10 billion won, even though there was no actual sales performance.

Accordingly, around November 2014, the Defendant acquired the M Co., Ltd. (hereinafter “M”) and N Co., Ltd. (hereinafter “N”) (hereinafter “N”) from KRW 18 million to KRW 20 million, along with C, L, K, etc., which are related companies of solar batteries, and acquired them in KRW 18 million to KRW 20 million. Since M’s branch office, M left P as the head of O and N’s branch office, did not formally employ only 2 through 3 employees, and was in fact closed.

Around that time, B prepared a financial statement in the name of Qua, which was each processed in Qua as of KRW 18.59 billion in the year of 2011, KRW 14.2 billion in the year of 2011, KRW 2012 in the year of 2012, KRW 16.157 billion in the year of 2013, KRW 18.669 billion in the year of 2011, KRW 5.7 billion in the year of 2014, KRW 5.23 billion in the year of 2011, KRW 5.761 billion in the amount of annual sales, and KRW 9.2 billion in the name of the Defendant and Qua as of KRW 9.4.6 billion in the amount of annual sales in the year of 2012, KRW 7.46 billion in the amount of KRW 7.9.6 billion in the amount of annual sales in the year of 2013.

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