Seoul High Court-2017-Nu-58191 ( January 12, 2018)

(Unless there are special circumstances, omission in the sale of a corporation shall be deemed to have been leaked to the extent that the full amount of the corporation was leaked.

(1) Where a corporation fails to record its sales in an account book despite the fact of sales, the total amount omitted from sales shall be deemed to have been leaked to a third party at the time of sales, except in extenuating circumstances. In such cases, the special circumstance that the omission in sales is not leaked to a third party shall be proved by the corporation asserting such failure.

Article 67 of the Corporate Tax Act

Supreme Court Decision 2018Du34565 Decided change in income amount

Automobile Corporation

O Head of tax office

2018.05.31

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the allegation in the grounds of appeal by appellant is not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, all of the appeals are dismissed under Article 5 of the same Act. It is so decided as per Disposition by