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(영문) 대법원 2016. 12. 01. 선고 2016두50716 판결
외화반출 신고 없이 반출한 해외구매보증금의 사외유출 여부[일부국승]
Case Number of the immediately preceding lawsuit

Busan High Court-2015-Nu2438 (Law No. 15, 2016)

Title

Whether the purchase deposit withdrawn from the country without reporting the foreign exchange release;

Summary

Except in extenuating circumstances, the amount taken out without filing a report on foreign currency transfer shall be deemed to have been leaked out of the company, and special circumstances to deem that the amount of sales reduction was not leaked out of the company shall be proved by the plaintiff.

Related statutes

Article 19 [Scope of Losses) of the Corporate Tax Act

Cases

2016du50716 The revocation of the disposition of revocation of the change in income amount.

Plaintiff-Appellant

No. 20

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Busan High Court Decision 2015Nu24338 Decided July 15, 2016

Imposition of Judgment

December 1, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's ground of appeal falls under Article 4 of the Act on Special Cases concerning the Trial Procedure, and it is therefore dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices.

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