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(영문) 광주지방법원 순천지원 2016.08.05 2016고단1045
특정범죄가중처벌등에관한법률위반(알선수재)
Text

A defendant shall be punished by imprisonment for not more than ten months.

50 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant is a person working as the head of the E Tax Accounting Office located in Da from January 2008 to August 2014, 2008, and F is a person who was the representative director of H (hereinafter “H”) located in G when there is a leisure time established for the purpose of air environment business, etc. from January 2008 to August 2014.

F) On October 17, 2013, upon receiving a request from a female tax office to submit data related to H’s expenditure of research and development costs, the F asked the Defendant, who reported H’s tax at the time, to respond by telephone.

Accordingly, the defendant around that time confirmed the submission of data related to the expenditure of the research and development expenses for H through the staff of the female tax office, and phone call to F, "this case is planned by the main office of the National Tax Service," and "if there is a lack of data related to the research development expenses, a revised report shall be filed, and a tax investigation may be conducted.

If so, it was said that the tax may be imposed at a level of KRW 2-300 million, and that “B would have a public official in charge of the female tax office take personnel affairs and not undergo the tax investigation to enable a public official in charge of the female tax office to do so at a prime level.”

After that, on October 25, 2013, the Defendant received KRW 50,000 in cash from F in the near parking lot of Hana Bank, Hana Bank, which is located in Hana Bank, for the purpose of the tax investigation of Hana Bank with H, in consideration of the cost of the Roman project.

As a result, the defendant received money and valuables on the intermediation of matters belonging to public officials' duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning the police and the interrogation of suspect by the prosecution against F;

1. Statement made to I by the police;

1. Written Statement;

1. The application of the statutes governing K e-mail, details of transactions, advance sheet of withdrawal, details of financial transactions, data on the operation performance of the H Research Institute, photographs, records of incidents, copies of corporate tax assessment standards and tax returns, copies of the report excluded from review of reduction or exemption of small or medium enterprises, and copies of the ex post

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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