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(영문) 의정부지방법원 고양지원 2017.05.18 2016고단1259
조세범처벌법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 21, 2012, the Defendant: (a) received KRW 4,451,103,650 from the Defendant’s new agricultural bank account (Account Number E); (b) received KRW 730,125,160 from the Defendant’s agricultural bank account (Account Number) on January 9, 2013 due to the expropriation of obstacles in FF land, G, H, I, J, and K, which is owned by the Defendant; and (c) received KRW 659,369,80,80 from the Defendant’s NH investment securities account (N) on February 8, 2013.

The Defendant used 4,383,495,650 of the total sum of the compensation for expropriation received as above to repay the borrowed amount of KRW 5,840,598,690, the Defendant acquired the remainder of KRW 1,457,103,040, which is the only property of the Defendant for the purpose of evading the execution of the disposition on default. The Defendant intended to conceal the above KRW 1,457,103,040, which is the only property of the Defendant for the purpose of evading the disposition on default.

The Defendant withdrawn KRW 230,700,000 from the Defendant’s New Agricultural Cooperative Account (Account Number: E) to the Agricultural Cooperative Account (Account Number) in cash in the name of the Defendant’s mother-child, and remitted KRW 475,379,330 from the Defendant’s Agricultural Cooperative Account (Account Number:P) to KRW 649,13,00,00 from the Defendant’s Agricultural Cooperative Account (Account Number) to February 25, 2013 for the purpose of evading a disposition on default, even though the Defendant was liable to pay the transfer income tax upon acceptance of the Defendant’s land. From November 27, 2012 to February 25, 2013, the Defendant concealed and omitted the Defendant’s property by withdrawing KRW 1,35,212,30,00 from the Defendant’s Agricultural Cooperative Account (Account Number L) to KRW 649,133,00.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A written resolution on the determination of transfer income tax, written confirmation on expropriation of land, etc., written request for deposit of accounts, and written statement of transaction transfer;

1. Application of Acts and subordinate statutes to the details of account transactions (A), gold transfer table (O), and account transaction details;

1. Article 7 of the Punishment of Tax Evaders Act concerning the facts constituting the crime and Article 7 of the Punishment of Tax Evaders Act;

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