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(영문) 서울중앙지방법원 2013.08.29 2013고정3710
조세범처벌법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 30, 2011, the Defendant was sentenced to three years and six months of imprisonment with labor at the Seoul Central District Court due to occupational breach of trust, etc., and the said judgment became final and conclusive on May 24, 2012.

The Defendant is a person who has operated a stock company B established for the purpose of selling computer peripheralss, etc.

1. On July 25, 2008, the Defendant evaded value-added tax amounting to KRW 70,557,879 by filing a false value-added tax return as if he had been supplied goods or services equivalent to KRW 705,578,79, even though he had not been supplied goods or services from Obane during the value-added tax period of 1, 2008.

2. Around March 30, 2009, the Defendant, while filing a corporate tax return in 2008, filed a false report as if he had been supplied goods or services equivalent to KRW 705,578,79, and subsequently evaded corporate tax 148,817,394 upon the lapse of the time limit for filing the report, even though he had not received goods or services from Oral Plastist Co., Ltd. such as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. A written accusation;

1. A written statement of processing taxation data; and

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 9 (1) 3 of the Punishment of Tax Evaders Act (wholly amended by Act No. 9919, Jan. 1, 2010) and the former Punishment of Tax Evaders Act (wholly amended by Act No. 9919, Jan. 1, 2010);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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