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(영문) 대구지방법원 2017.01.20 2012고단5030
조세범처벌법위반
Text

Defendant shall be punished by imprisonment for three years and by a fine of 108,900,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the F physician in Daegu Suwon-gu E.

When the Defendant received a request from many people, such as F’s believers, to issue a receipt of donations necessary to obtain income deduction at the end of the year, the Defendant, even though he did not receive a donation equivalent to the face value of the donation receipt from the above people, did not appear to have received a false donation receipt in the F’s name.

1. From December 31, 2009 to January 2, 2010, the Defendant committed a crime with the F company around December 2, 2009, to G who was a public official of the Daegu Suwon-gu Office, which found the said F company’s location, issued a false donation receipt as if he received donations even though he had not received donations from G, thereby allowing G to file a return of income deduction using the said donation receipt at the time of settlement of accounts for the year 2009 as of May 31, 2010 by allowing G to file a return of income deduction by using the said donation receipt at the end of the period for filing the final return of income tax on May 31, 2010.

In addition, the Defendant conspired with 336 workers listed in the “name” column of the annexed crime list (1) and caused the said workers to evade the labor income tax of KRW 114,165,934 in total by fraud or other unlawful act.

2. From December 31, 2010 to January 2011, the Defendant committed a crime with a view to: (a) around December 2010, 201, to H working at the Daegu Broadcasting Station that found his/her place in FF on or around December 2, 2010; (b) issued a false donation receipt as if he/she received donations even though he/she had not received donations from H; and (c) had H file a return of income deduction using the said donation receipt at the time of settling accounts for the year to which 200,765 won reverts; and (d) made H evade labor income tax of KRW 1,200,765 by fraud or other unlawful act upon the lapse of the deadline for filing the final return of income tax on May 31, 2011.

In addition, the defendant is 368 workers in the name of "name" column of the annexed crime list (2).

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