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(영문) 서울남부지방법원 2017.06.08 2017고합17
특정범죄가중처벌등에관한법률위반(조세)등
Text

Defendant

B and C Imprisonment for 2 years and 6,700,000,000 won, Defendant I’s imprisonment for 2 years and 6,700,000 won, and Defendant N.

Reasons

Punishment of the crime

1. Defendant B, from December 2013 to August 2016, 2016, is a person who sells computer peripheral devices, such as the CPU, through Internet shopping mall in the name of a business operator, such as a lending from a lending entity, under the name of Seoul Mapo-gu AA and 707. Defendant C is an employee of Defendant B.

Defendant

D, E, F, G, H, I, J, K, and L are those who borrowed the names of business operators, including Defendant B and C in return for money from Defendant B and C, and Defendant M, A are those who introduced the nominal lender to Defendant B and C, and Defendant N andO are those who directly or successively sell non-data-related products, etc. to Defendant B.

Defendant

B: B/C conspired to purchase non-data peripheral devices, such as the CPU, which does not include value added tax, from N, and then sell them at the lowest price comparison website excluding value added tax; however, it was intended to evade value added tax by lending the amount of KRW 20 million to the nominal lender and selling it from the name of the relevant company for about six months in the name of the relevant company, and then not paying taxes, such as value added tax, imposed on the relevant company by closing the business.

2. Defendant B and C’s crime of tax evasion in collusion with E on December 13, 2013, Defendant B and C borrow the name of the business entity from Mapo-gu Seoul and 707, the actual place of business, and from E (business registration number: AD, Seocho-gu, Seoul, AE, and 501) in the name of the business entity for KRW 20 million. Internet shopping mall in the name of AB business entity, “11 times”, “G Market”, and “human tamp” register the Internet shopping mall in the name of AB business entity, installed four computers and distance programs in the name of the business entity from January 1, 2014 to June 30, 2014, and installed a computer and peripheral devices in the name of AB business entity for KRW 4,992,918,615, CPU in the name of AB business entity.

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