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(영문) 인천지방법원 2018.04.19 2017고단8457
조세범처벌법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant managed C Co., Ltd. until June 2014. The Defendant is a major shareholder of the said company, who is a second taxpayer of the said company.

The above company did not pay an amount equivalent to KRW 552,374,200, such as value-added tax during the taxable period in 2012 and 2013, and was delinquent in national taxes equivalent to KRW 642,102,280 at the Incheon tax office. The defendant was aware that the disposition on default was conducted after December 31, 2013, when national taxes equivalent to KRW 18,698,750, such as gift tax, were not paid individually.

For the purpose of evading the disposition on default, the Defendant established and operated a waste disposal business entity on the land E in Gyeyang-gu Incheon Metropolitan City (hereinafter “instant land”) around June 2013.

However, it is now necessary to transfer the title of the above land to four times because the collateral mortgage is established in the amount of KRW 1.25 million.

If the name of the company has been moved temporarily, it is necessary to obtain a new loan as security and cancel the collateral security, and the difference is used for the company's operating fund.

If the company is well-known, the land will be re-registered.

In addition, for this purpose, KRW 30 million is required, and KRW 300 million is worth KRW 20 million every month.

“To make a false purchase and sale contract with D on June 10, 2013,” and concealed property by completing the registration of ownership transfer in the name of D on the same day.

2. In the crime of evading compulsory execution, false transfer means the alteration of the ownership name of the property by taking the form of transfer on the surface despite the absence of actual intention of transfer, and the concealment means that the person executing compulsory execution makes it impossible or difficult to detect the debtor’s property. If the property was transferred by a true intention, it would be even if it was done.

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