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(영문) 부산지방법원 2019.05.17 2018고합520
특정범죄가중처벌등에관한법률위반(조세)등
Text

The defendant shall be innocent.

Reasons

1. On August 16, 2018, the Defendant was sentenced to 8 months of imprisonment and additional collection of 4,258,436,724 won in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users at the Busan District Court, and the judgment became final and conclusive on August 22, 2018.

The Defendant is an unregistered credit service provider who operated an unregistered credit business entity (hereinafter “instant loan business entity”) with the trade name of “C” and “D,” under the name of the third floor office of the building located in the Geum-gu Office, Busan from November 2014 to September 2017, as the name of “C” and “D” (hereinafter “C and D”).

(a) Violation of the Punishment of Tax Evaders Act - No person shall evade a tax by fraud or other improper means, such as fraud or concealment of income, earnings, acts or transactions, in relation to the evasion of income tax in 2014;

The Defendant, while operating the instant lending business, engaged in credit business by concealing transactions through 11 books, such as the F Bank Account (Account Number G) in the name of the Defendant-friendly E in the name of the Defendant, and the sales generated during the taxable period of 2014 (from January 1, 2014 to December 31, 2014) amounting to 47,50,000 won, and the amount of income generated therefrom was reduced by 22,442,237 won without filing a tax return at the competent tax office.

B. Violation of the Punishment of Tax Evaders Act - the Defendant’s evasion of income tax in 2015

In operating a lending company in the same manner as Paragraph 2, the sales revenue generated during the taxable period of 2015 (from January 1, 2015 to December 31, 2015) was KRW 975,360,000, and the income amount therefrom was evaded by a method of not filing a tax return with the competent tax office, despite the name of KRW 75,449,180.

C. Violation of the Punishment of Tax Evaders Act - the Defendant’s evasion of income tax in 2016

The sales generated during the taxable period of January 1, 2016 (from January 1, 2016 to December 31, 2016) are KRW 2,034,108,00, while operating a lending company in the same manner as in paragraph 2,00.

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