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(영문) 서울중앙지방법원 2014.10.02 2014고단5028
조세범처벌법위반
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of twenty-five thousand won.

equivalent to the above fine.

Reasons

Punishment of the crime

Defendant

A, together with F, is the joint representative director and majority shareholder (50% of the shares in Defendant and his spouse G, 50% of the shares in F), and Defendant B is the automobile maintenance enterprise located in Young-gu H in Young-gu.

1. Around November 17, 2011, Defendant A entered into a real estate sales contract with the J to sell the real estate owned by B (2,054 square meters of the above HH land, 1274.54 square meters of buildings) to three billion won, among the presence of K, etc. at the J’s office located in Jung-gu Seoul Metropolitan Government Office, and on the same day, a certified judicial scrivener L completed the registration of ownership transfer for each of the above real estate.

However, even though the Defendant sold the real estate owned by the above company to M in 3.7 billion won, the Defendant prepared a false term “a prompt contract” with a view to evading heavy taxation based on excessive gains on the transfer of real estate, by reducing the sales price of real estate more than the actual ones.

Around January 20, 2012, the Defendant evaded value-added tax of KRW 21,179,119 by reporting real estate sales price by reducing the real estate sales price based on the above “the transport contract” upon the reporting and payment period after the lapse of the reporting and payment period. Around April 2, 2012, the Defendant reported corporate tax on the company of 201 at the above tax office in the same manner as above, and subsequently evaded corporate tax of KRW 230,784,828 as well as corporate tax of KRW 251,963,394 by the lapse of the reporting and payment period.

Accordingly, the Defendant evaded taxes by fraud or other illegal acts.

2. On November 17, 2011, Defendant B Co., Ltd.: (a) prepared the aforementioned “W Agreement” with respect to the duties of A, a joint representative director at the said J’s office; and (b) completed on January 20, 2012.

4.2. On the basis of the above “the transport contract” when filing a value-added tax return and the corporate tax return respectively, the sales price of real estate shall be reduced compared to the actual transaction price.

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