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(영문) 인천지방법원 2014.10.31 2014고정1695
조세범처벌법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On August 23, 2011, the Defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. from the Gwangju District Court's wooden branch on August 23, 201 and the said judgment became final and conclusive on August 31, 2011.

C is a person who actually operates E entertainment tavern in Nam-gu Incheon Metropolitan City, and F is a person who engages in an entertainment business to supply the so-called “bab president” to an entertainment business establishment, and the Defendant registered his business in the name of the Defendant, a so-called “bab president,” who has no intent and ability to pay taxes, and conspired with C, F, etc. to evade taxes by having the Defendant, a nominal owner, impose taxes on the Defendant, and failing to pay taxes.

On December 14, 2009, the Defendant registered the business of the said E entertainment tavern and opened a credit card merchant under the name of the Defendant, who is the president of the Republic of Korea, and C, upon receiving the drinking value, etc. from customers by credit card, prepared a credit card sales slip in the name of the Defendant, and made it possible to conclude that there is no income from the Defendant in connection with the operation of the said entertainment tavern, and that there is no tax intent and ability to pay at all, any income from the Defendant. On January 25, 2010, the Defendant did not pay KRW 2,786,971 of the said E entertainment tavern on December 25, 2009, as shown in the list of crimes committed in the attached Table, including where: (a) the Defendant did not impose taxes equivalent to the total amount of KRW 247,69,518, from January 25, 201 to May 31, 2011.

Accordingly, the Defendant, in collusion with F, C, etc., evaded taxes equivalent to KRW 247,69,518 in total by fraud or other illegal act.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's interrogation protocol concerning F;

1. The second and third suspect examination protocols of each prosecutor's office concerning C;

1. The prosecutor's statement concerning G;

1. One copy of the personal information of the operator of an entertainment business in South-dong-gu, one copy of the investigation report on estimated or omission amount of tax, a copy of the account settlement book, a details of financial transactions, a statement of calculation of tax amount, and one other list of crimes;

1. Judgment.

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