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The judgment below
The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined.
1. The main sentence of Article 76(1)2 (a) of the former Corporate Tax Act (amended by Act No. 6293, Dec. 29, 2000) provides that when a domestic corporation files a report on corporate tax on income for each business year that falls short of the tax base to be reported, “where the reported amount is at least 1/3 of the tax base to be reported and the wrongfully underreported amount as prescribed by the Presidential Decree exceeds five billion won, an amount equivalent to 30/100 of the calculated tax amount to the reported amount shall be collected as an additional tax; and the main sentence of item (b) provides that “in cases other than those under item (a), an amount equivalent to 10/100 (20/100 for the wrongfully underreported amount) of the calculated tax amount to the reported amount shall be collected as an additional tax.”
In addition, prior to the amendment by Presidential Decree No. 17033 of December 29, 2000 of the former Enforcement Decree of the Corporate Tax Act
(a) The same shall apply;
Article 118(4) of the Act provides that “the amount included in the calculation of earnings under Article 52 of the Act (subparagraph 1),” “the amount included in the calculation of earnings by intentionally omitting other earnings or by falsely appropriating the losses,” etc. under the Presidential Decree, and Article 118(3) of the Act provides that “if there is any deductible expenses directly corresponding to the amount included in the calculation of earnings for each business year, in the calculation of the income amount for each business year, the underreported income under Article 76(1)2 of the Act shall be the amount after deducting the deductible expenses.” The lower court recognized the following facts. ① The Plaintiff reported KRW 55,830,843,895 as the corporate tax base for each business year. However, the Plaintiff reported the amount of KRW 55,830,843,895 on the investment securities account as of the end of 200.
The 11,256,198,145 won was included in the shares of the company.
(2) The defendant shall have invested securities as of the end of the business year 2000.