Whether the purchase tax invoice for gold bullion constitutes a false tax invoice;

The existence of an exporting company that receives a refund of value-added tax from the State while exporting gold bullion is essential, and it cannot be deemed that it actually traded because it has only the form of exporting gold bullion in mind without any separate negotiation on trade volume, unit price, etc.

Article 17 (Payable Tax Amount)

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The Defendant’s disposition of imposition of corporate tax of KRW 209,549,620 for the business year of 203 to the Plaintiff on September 1, 2005, each of the imposition of KRW 1,574,238,050 for the business year of 2004, KRW 121,767,240 for the second period of 203, KRW 502,122,710 for the first period of 204, and KRW 32,962,570 for the second period of 204.

1. Details of the imposition;

A. On April 3, 2003, the Plaintiff is a company established with ○○○○-dong ○○○○○○○-dong ○○○○○○○-dong, ○○○○○-dong, ○○○○-dong, with its head office located for the purpose

B. The Plaintiff filed a value-added tax return for the second period of 203 as shown in the attached Table 1. The Plaintiff filed a total of 10,627,481,00 won of gold bullion purchase tax invoice amounting to 36,200 won of the total value of supply received from ○○○○○ upon filing a value-added tax return for the second period of 2003 (hereinafter referred to as “○○○”) and filed a return for the first period of 204 (hereinafter referred to as “the above tax invoice”) with the total of 3,73,532,00 won of the total value of supply received from ○○○○ upon filing a return for the second period of value-added tax return for the second period of 204 (hereinafter referred to as “the above tax invoice”) and filed a return for each of the above tax invoice for the purchase amount of KRW 2,206,90,000 of the total value of supply received from ○○○○ Co., Ltd. (hereinafter referred to as “○○”).

C. However, the Commissioner of the ○○○ Local Tax Service determined that the instant tax invoice was a false tax invoice different from the fact and notified the Defendant thereof.

D. On September 1, 2005, the Defendant: (a) acknowledged the instant tax invoice as a processed tax invoice without real transaction; (b) decided not to deduct the input tax amount; and (c) imposed corporate tax amount on the Plaintiff by applying the evidence of the following reasons: value-added tax 1,574,238,050 for the second period of 203, the first period of 2004, the first period of 502,122,710, and the second period of 2004, the second period of 2004, the second period of 32,962,570 (including each additional tax); and (d) received the false tax invoice; and (b) applied the unclaimed additional tax for the business year of 203, the amount of corporate tax to be imposed in KRW 209,549,620, the amount of corporate tax to be imposed in 767,240 for the business year of 204 (hereinafter referred to as each of the above imposition disposition imposing corporate tax and corporate tax).

E. The plaintiff was dissatisfied with the disposition of this case and filed an appeal with the National Tax Tribunal, but the National Tax Tribunal dismissed the appeal on July 25, 2006.

Facts without any ground for recognition, Gap evidence 1, 2, Gap evidence 3-1 through 5, Gap evidence 4 through 30, Gap evidence 31-1, 2, Eul evidence 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

(1) The Plaintiff, not simply supplied for the export of gold bullion, mainly engaged in the manufacturing business of precious metals at the early stage, and engaged in the export and processing business of gold metals (gold gings) and was engaged in the export and processing business of gold bullion, thereby engaging in the export business of gold bullion. The Plaintiff received the instant tax invoice after normally purchasing gold bullion from the ○○○ and ○○○○○ (hereinafter “Transaction”). Moreover, all of the purchased gold was transported by the Plaintiff’s employees by means of handlry, or exported to the importer through the transportation chain (main) ○○○, and ○○○ (main)’s (main) marks. In the end, the Plaintiff exported gold bullion to the importer.

The Plaintiff conspired with a trader, a tax-free supplier, a supplier, or a corporation located in ○○ in order to unlawfully refund value-added tax is merely the Defendant’s trend without any evidence. Since the Plaintiff did not intend to evade taxes jointly with gold bullion companies and did not know the Plaintiff’s act of other companies, the instant tax invoice is a false tax invoice, or the Defendant’s imposition of value-added tax based on the premise that the Plaintiff knew or could have known of it is unlawful.

(2) In addition, as seen earlier, the instant transaction constitutes a normal transaction, and thus, the Defendant’s imposition of the corporate tax of this case, which imposes an additional tax on the premise that the instant tax invoice is a false tax invoice, is also unlawful.

(b) relevant statutes;

Attached 2.As stated in the relevant Acts and subordinate statutes

(c) Fact of recognition;

(1) The general form of variable transactions for the purpose of evading taxes in the current transaction.

(A) As to the supply of exported goods pursuant to Article 11(1)1 of the Value-Added Tax Act

If an export-related document is issued to a foreign exchange bank with a purchase approval certificate (purchase certificate) and then purchases the relevant input tax at present from another wholesaler on this basis, the zero tax rate is applied to the input tax amount. On the other hand, Article 106-3 of the former Restriction of Special Taxation Act (amended by Act No. 6852 of December 30, 2002 and enforced from July 1, 2003) and Article 106-3 of the former Enforcement Decree of the Restriction of Special Taxation Act (amended by Presidential Decree No. 17829 of October 1, 2002, 12, 30) delegated by the former Enforcement Decree of the Restriction of Special Taxation Act (amended by Presidential Decree No. 17829 of October 30, 200) with respect to the current transaction, at least 95/1,000 of which is currently supplied by wholesalers and refining business operators to those who have received a tax exemption recommendation from the tax-free importer, and the gold business operators, etc. are now imported from July 20, 305.

(B) As above, when importing raw materials for export under the Value-Added Tax Act or the former Restriction of Special Taxation Act, the value-added tax is applied to the transaction portion from July 1, 2003 to June 30, 2005, and the exemption rate of value-added tax is applied to the transaction portion from July 1, 2003 to June 30, 2005, and the case where the value-added tax is sold or exported through disguised or disguised wholesale process after importing the present for the purpose of unfairly refunding the value-added tax, and then the case where the value-added tax is to be refunded among the precious metal companies of ○○○

(2) A general form of variable transaction for the purpose of tax evasion among gold bullion transactions.

(A) In appearance, gold bullion is distributed through the stages of ‘foreign enterprises ? ? importer ? ? ? 1 (defluence) company / 2 (defluence) company ? so-called ‘cediediediing company’ (hereinafter referred to as ‘cubiing company’) ? The transaction price is paid in sequence from the export company to the import company ? The transaction price is paid in the reverse direction from the import company to the import company. However, among the above distribution companies, there are many cases where gold bullion is issued only from the large coal company to the floor wholesale company, to the specific person or the specific company, and it is not actually traded or transported gold bullion.

(B) After purchasing gold bullion that has been distributed at the zero-rate tax rate at the previous stage, and selling it to the Cubing Company as an additional tax amount equivalent to 10% of the value-added tax. The amount equivalent to the value-added tax that the Cubing Company received from the Cubing Company is made unusable by withdrawing its profit in cash within the short period, and the amount equivalent to the value-added tax that the Cubing Company received from the Cubing Company is successively transferred to each of the following companies by means of deducting the input tax through the tax invoice issued from the immediately preceding stage. Ultimately, the exporter’s export of gold bullion and then subsequently, is entitled to refund from the State through the zero-rate tax rate. The ultimate source of profit is the value-added tax refunded by the Cubing Company. The above profit is distributed to the domestic company involved in the Cubing Carbon Business in each transaction stage in the Cubing Business or the amount calculated by deducting the purchase price from the sales price is lower than the export price paid to the relevant foreign company in the form of the Cubing Industries.

(C) In order to maximize its profit, it distributes gold bullion in an ordinary short period of time to the greatest quantity, and to prevent disputes, loss of price, etc. among the participating companies that may arise therefrom. ① The same section of the former part (this refers to a person who prepares for the first gold bullion import and settlement pay pay in the outside of the heavy carbon business network) shall operate both the exporting company and the importing company at the same time. ② The former part of the former part shall be placed in direct transactions with the excessive coal company. ② The former part of the former part shall be placed in direct transactions with the excessive coal company. ③ The former part of the former part shall be determined on the quantity, unit price, and margin of transactions at each stage of transactions. ④ The latter part of the latter part of the former part shall be made in a very short time from the importing company to the exporting company, and ④ The latter part of the latter part of the latter part of the former part shall be directly transported to the exporting company, even if the latter part of the latter is transported to a normal transaction.

(3) In the case of the transaction relating to the purchase tax invoice of this case

(A) The Plaintiff’s representative Park○-○ was a student in 1969, graduated from ○ High School, and served as an employee of the daily sales office, ○○ Commercial Management Office, etc. in the gold bullion-related company since 93 years, and (a) served as an operating employee in ○○○, ○○, and ○○○○, etc., and (b) served from the opening date of the business to the closing date of the business, and (c) established the Plaintiff on April 3, 2003.

(B) The gold bullion on the purchase tax invoice of this case were all imported from a foreign country and distributed as a tax-free gold by the importing company, and was converted from the importing company to the Plaintiff, and all stages of transactions were conducted on the date of import of the relevant gold bullion or on the following day.

(C) The plaintiff exported gold bullion supplied through the instant transaction (hereinafter referred to as "gold bullion of this case") to chain at the beginning through a little simple processing (from November 2003), and thereafter exported gold bullion to ○○○○○ or ○○○○○○ (ju) in all the condition of gold bullion as it is. The above "○○○○" is an enterprise engaging in pawning business, which is located in the ○○○○○○○○○, located in the ○○○○○○○○○, a downline of the ○○○○○. The plaintiff refused to submit specific data related to the transaction or to answer all the answers to Korean customers, etc. even at the on-site visit of the National Tax Service's employees. The "○○○○○" is an apartment of ○○○, a general housing unit, and its representative is facing the National Tax Service's employees.

(D) The companies involved in the transaction on the purchase tax invoice of this case are as follows. In the case of ○○, the purchaser paid the purchase price in advance, but received the export price from the Plaintiff after the payment was made. The transportation company (ju) ○○ Global Office, which is linked to the transport of the gold bullion of this case, is on the upper floor of the office. In addition, among the gold bullion exported by the Plaintiff, the gold bullion exported by the Plaintiff, ○○ Global was directly acquired and exported from the office.

first day; and

§ 40

dr. Doz. Doz.

August 11, 2003 and September 30, 2003

7 Cases

1,338,980,000 won

○○ and other - ○○ juice - Other - ○○ Center - ○ trade (expacters) - ○○ - Plaintiff - ○○

November 21, 2003

17 Cases

4,764,821,000

○○ and other - ○○ juice - ○ (exploiter) - ○○ - The plaintiff-○

December 8, 2003 and December 23, 2003

12 Cases

4,523,680,000 won

○○ and other - ○○ - ○○ Trade (exploitors) - ○○ Round - ○○ - ○○ - Plaintiff - ○○

August 11, 2004 and September 9, 2004

10 Cases

3,881,402,00 won

○○ Other - ○○○ juice - Other - ○○ - Other ○ (expacter) - ○○ - ○○ - Plaintiff - - ○○

September 16, 2004 and September 17, 2004

2 Cases

2,206,960,000

○○ - ○○ - ○ (explosion) - ○ - ○ - ○ - Plaintiff - ○

(E) On the other hand, the current status of a company involved in the instant transaction is as follows.

○ ○ Trade

November 3, 2003 ex officio closure of business

Representative in name, escape. Accusation on May 2004

○○ Es

November 20, 2004 ex officio closure of business

The accusation on December 3, 2004

○ ○ Trade

The closure of business ex officio on December 12, 2003

The accusation of December 2004

○○ Korea

The ex officio closure of business on April 17, 2004

Escape. Accusation on September 2004

○○ Doice

November 5, 2004 ex officio closure of business

A. At present during an investigation on June 2005

(F) The price exported by the Plaintiff was set lower than the import price at all times, and according to the description such as the invoice, etc., the relevant business entities are already required to transport gold bullion even before the import declaration was made.

* In the case of September 16, 2004

internal stations

non-higher

Sales Price (won/g)

Time of Arrival

non-higher

Revenue (00)

○ ○

15,454

16:50 Removal report

○ ○

15,480

○○ Doice

Raban Enterprise

14,586

16:30

○○ Doice

14,613

16:40

○○ Dod

14,667

16:45

○○ Dod

14,720

16:50

Export

14,819

* In the case of September 17, 2004

internal stations

non-higher

Transaction Price (won/g)

Time of Arrival

non-higher

Revenue (00)

○ ○

15,445

15:25 Removal report.

○ ○

15,481

○○ Doice

Raban Enterprise

14,587

15:10

○○ Doice

14,613

15:35

○○ Dod

14,640

15:40

○○ Dod

14,707

16:00

Export

14,836

(d) Price, etc. of gold bullion;

In the case of gold bullion, a large-scale wholesaler, etc. provides a daily wholesale market price by the Internet or telephone, etc., taking into account the international market price and exchange rate. However, regardless of the above market price, the Plaintiff exported gold bullion at a price lower than the domestic and international market price at a lower than the domestic and international market price. If the Plaintiff (a trader in this case) did not export the gold bullion and distributed the gold bullion in the Republic of Korea, the Plaintiff could have more profit than the export if it was distributed in the Republic of Korea. Meanwhile, after the implementation of the tax payment security system on April 1, 2005, there is no evidence that the Plaintiff provided a security and exported gold bullion after the implementation of the tax security system.

Facts that there is no dispute over recognition, Gap evidence 32-1 to Gap evidence 61-5, Eul evidence 2-1 to Eul evidence 15-2, the witness's partial testimony, and the purport of the whole pleadings.

D. Determination

(1) Imposition of value-added tax

(A) Whether the purchase tax invoice of this case constitutes a different tax invoice from the fact

① The burden of proving that a tax invoice is false is, in principle, against the defendant who is the customs office. As such, the defendant must prove that the tax invoice is not accompanied by real transactions, based on direct evidence or overall circumstances. In a case where a considerable degree of proof has been established to the extent that the defendant reasonably acceptable, it is necessary to prove that the tax invoice is not false and that it is easy for the plaintiff who is the taxpayer to dispute the illegality of the defendant's disposition to present relevant evidence and materials (see, e.g., Supreme Court Decisions 83Nu492, Dec. 13, 1983; 2004Du14168, Jun. 10, 2005).

In addition, in Articles 6(1), 7(1) and 16(1) of the Value-Added Tax Act, a tax invoice shall be delivered to an entrepreneur who supplies or receives goods or services, such as a person who delivers or provides services on the grounds of a contract, and a person who is obligated to pay value-added tax shall be deemed to be a person who actually supplies or receives goods or services from an entrepreneur who is not a person establishing a nominal legal relationship with an entrepreneur who actually supplies or receives services (see, e.g., Supreme Court Decision 2002Do4520, Jan. 10, 2003). Unless there are special circumstances that a supplier and another supplier on a tax invoice do not know the fact that the person who receives the goods or services was not aware of the nominal name of the tax invoice, and that the person who received the goods did not know of the fact that he was not aware of the above nominal name, the person claiming the deduction or refund of the input tax amount shall be deemed to be a person who asserts that he did not know the above fact.

② 이 사건으로 돌아와 살피건대, 위 인정사실에 나타난 다음과 같은 사정들 즉, ㉮ 원고의 이 사건 거래 당시 '폭탄영업'은 업계에 널리 알려져 있었고, 원고의 대표자 역시 그 경력에 비추어 이를 충분히 알 수 있는 지위에 있었던 점, ㉯ 원고가 이 사건 세금계산서와 관련하여 금을 수출하였다는 ○○의 '○○○○' 또는 '○○○(주)'사가 정상적인 수입업체인지 분명하지 않고, 금지금 관련 조사에 협조하지 아니하고 있을 뿐 아니라 자료 역시 전혀 제출하지 않고 있는 점. ㉰ 금지금의 국내시세를 고려하면 원고가 이사건 금지금을 국내에 유통시킬 경우 훨씬 더 많은 이익을 취할 수 있었음에도 굳이 수출을 반복하였고, 이는 부가가치세 환급을 목적으로 하지 않고는 도저히 설명할 수 없는 거래행태인 점, ㉱ 금지금 수출입에 있어서 5~8개 단계의 거래가 모두 하루 또는 아주 짧은 시간 내에 계획적, 반복적으로 이루어지고 있고, 이는 서로 간에 밀접한 협력관계 없이는 불가능한 일인 점, ㉲ 금지금의 수출 가격이 수입 시 가격보다 오히려 더 낮아 전체적으로 손해를 보는 비정상적인 수출이 계속적으로 이루어지고 있었고, 원고는 그 과정에서 부가가치의 창출 없이 부가가치세만을 환급받은 점, ㉳ 2005. 4. 1. 이후 납세 담보제도 시행 후 금지금의 수출입 무역량의 급격하게 감소하였고, 원고 또한 납세 담보제도 시행 이후 담보를 제공하고 수출을 하였다고 볼 아무런 자료가 없는 점, ㉴ 부가가치세는 재화나 용역이 생산 · 제공되는 과정에서 창 출된 부가가치를 과세표준으로 하는 바, 앞서 본 바와 같이 원고는 어떠한 부가가치를 창출하였다고 볼 수 없어 부가가치세의 환급대상이 된다고 볼 수 없는 점, ㉵ 폭탄영업의 특성상 수출업체는 금지금의 실물 보유 등 매입거래의 증빙을 완벽하게 갖출 수밖에 없는 점 등의 사정을 종합하여 고려하면, 이 사건 거래과정에서 폭탄업체와 그 전후 거래업체와 사이에서 이루어진 거래는 오로지 영세거래를 과세거래로 전환 하기 위하여 세금계산서만을 발행하여 수수하는 명목상의 거래로 보이고, 또한 그 후 원고에 이르기까지의 거래에 관여한 과세도매상들도 단지 원고로부터 받은 대금을 그 매입처에 송금하여 전달하고 세금계산서를 수수한 다음 이러한 개입의 대가로 장 차 포탈한 부가가치세액의 일정 부분을 매출가액과 매입가액의 차액이라는 형태로 취득하는 사업자들로서, 이들과 원고 사이에서 이 사건 금지금에 관한 각 매매계약이 체결되고 이에 따라 그에 상용한 금지금이 인도되고, 대금이 지급되는 등의 매매거래 가 이루어지 외형을 갖추었다고 하더라도 이는 실제거래로 위장하기 위한 명목이라 고 봄이 상당하다. 즉, 이 사건에 있어서 직접증거 또는 제반정황을 토대로 하면 이 사건 세금계산서가 사실과 다르게 기재된 것으로 볼 수 있는 합리적인 정황이 있는 반면, 갑 제62호증의 1 내지 갑 제74호증의 2, 갑 제78 내지 갑 제80호증의 각 기 재나 양상만으로는 위 인정을 뒤집기에 부족하다.

Meanwhile, it is clear that the Plaintiff received gold bullion from the purchaser, and the Plaintiff merely exported the goods transport certificate, export declaration certificate, and transport securities, etc. at each export time. Thus, the instant tax invoice is in conformity with the facts. However, the aforementioned transaction method is a structure that can only be deemed as losses on the premise of the payment of legitimate tax from the beginning. Ultimately, the tax authorities collect the amount of the tax from the counter-party to the transaction, and the tax authorities can be seen as the sole source of profit and motive of the transaction that the amount equivalent to the value-added tax exempted from the payment by the report of business closure is the sole source of profit and loss that can be presented in the transaction, and in reality, it does not mean that the reduction of the tax revenue or the national treasury loss is caused. Thus, even if the tax invoice was issued and delivered by the transaction, and the determination of the amount of the value-added tax was made normally by submitting the tax invoice and the return of the tax base and tax amount, if it was impossible or considerably difficult to collect the value-added tax as a whole when comprehensively considering the substance (see, see, e.g., Supreme Court Decision 2005Do465.

(B) Whether the Plaintiff acted in good faith and without negligence

In addition, the Plaintiff asserts to the effect that he did not know and did not know about the transaction prior to the instant transaction. However, in light of the aforementioned facts and circumstances, the Plaintiff’s existence is essential, as long as it appears that the Plaintiff was engaged in a transaction in mind of the refund of value-added tax in the form of exporting gold bullion in consideration of the transaction volume, unit price, etc. without any separate negotiation with the transaction partner, so long as it appears that the Plaintiff did not know and did not know about such series of gold bullion transactions, and there is no evidence to acknowledge it other than the evidence other than the above rejected.

(C) Sub-determination

Therefore, the instant tax invoice is prepared without any actual transaction or prepared differently by at least the supplier, and it constitutes a false tax invoice. Therefore, the Defendant’s disposition of imposing value-added tax on the premise of it is lawful, and the Plaintiff’s allegation in this part is without merit.

(2) Imposition of corporate tax

Under the tax law, where a taxpayer violates various obligations, such as a return and tax payment, without any justifiable reason, in order to facilitate the exercise of the right to impose taxes and the realization of a tax claim, the taxpayer's intention and negligence are not considered as administrative sanctions imposed as prescribed by the individual tax law. On the other hand, such sanctions cannot be imposed in cases where there is a justifiable reason that it is unreasonable for the taxpayer to be unaware of his/her duty, or where it is unreasonable for him/her to expect the fulfillment of his/her duty, etc., and additional taxes under the Corporate Tax Act are imposed on a certain matter in order to ensure the propriety of taxation under the law, and are imposed on him/her in order to secure the proper performance of the duty (see, e.g., Supreme Court Decisions 85Nu229, Feb. 24, 1987; 85Nu229, Jan. 27, 2005; 203Du13632, Jan. 27, 2005).

In this case, return to the case and according to the above facts, since the tax invoice of this case is a false tax invoice which is different from the fact, the plaintiff neglected the duty to receive a legitimate tax invoice pursuant to the transaction. On the other hand, there is no evidence to acknowledge that there is a justifiable reason for not being attributable to the plaintiff's negligence of duty. Therefore, the disposition of the corporate tax of this case imposed as a sanction against the plaintiff's negligence of duty is legitimate (in the absence of the purpose and amount of tax as above, even if there is no additional tax, it shall be interpreted that Article 76 (5) of the Corporate Tax Act includes not only the case where the goods or services are supplied but also the case where the tax invoice is not received but also the case where the contents of the goods or services receive the tax invoice different from the fact and did not receive the tax invoice corresponding to the actual legitimate transaction). This part of the plaintiff's

3. Conclusion

Therefore, the plaintiff's claim of this case is without merit and it is decided as per Disposition by the assent of all.

1

Details of tax invoices (from July 1, 003 to July 30, 04)

Purchase Agency

Date

Quantity(g)

Unit Price

Value of Supply

Amount of tax

guidance.

Jinay

○ ○

August 11, 2003

7,000

13,213

92,491,000

9,249,100

101,740,100

○ ○

August 19, 2003

7,000

13,227

92,589,000

9,258,000

101,847,900

○ ○

August 25, 2003

20,000

13,227

264,540,000

26,454,00

290,994,000

○ ○

August 28, 2003

20,000

13,493

269,860,000

26,986,00

296,846,00

○ ○

September 2, 2003

20,000

13,287

275,740,000

27,574,00

303,314,00

○ ○

September 23, 2003

11,000

13,840

152,240,000

15,224,00

167,464,00

○ ○

September 30, 2003

14,000

13,680

191,520,000

19,152,000

210,672,00

○ ○

October 9, 2003

20,000

13,440

268,800,000

26,880,000

295,680,000

○ ○

October 15, 2003

6,000

13,573

81,438,000

8,143,000

89,581,000

○ ○

October 16, 2003

5,000

13,627

68,135,000

6,813,500

74,948,500

○ ○

October 16, 2003

20,000

13,653

273,060,000

27,306,00

300,366,00

○ ○

October 21, 2003

11,000

13,653

150,183,000

15,018,300

165,201,300

○ ○

October 24, 2003

13,000

14,107

183,391,000

18,339,100

201,730,100

○ ○

October 27, 2003

30,000

14,213

426,390,000

42,639,00

469,029,000

○ ○

October 30, 2003

20,000

14,080

281,600,000

28,160,000

309,760,000

○ ○

November 4, 2003

30,000

13,920

417,600,000

41,760,000

459,360,000

○ ○

November 4, 2003

1,000

13,920

13,920,000

1,392,000

15,312,00

○ ○

November 11, 2003

11,000

14,053

154,583,000

15,458,300

170,041,300

○ ○

November 11, 2003

40,000

14,080

563,200,000

56,320,000

619,520,000

○ ○

November 14, 2003

20,000

14,320

286,400,000

28,640,000

315,040,000

○ ○

November 18, 2003

15,000

14,373

215,595,000

21,559,500

237,154,500

○ ○

November 18, 2003

45,000

14,427

649,215,000

64,921,500

714,136,500

○ ○

November 21, 2003

13,000

14,587

189,631,000

18,963,100

208,594,100

○ ○

November 21, 2003

27,000

14,640

541,680,000

54,168,00

595,848,000

○ ○

December 8, 2003

20,000

14,960

299,200,000

29,920,000

329,120,000

○ ○

December 8, 2003

10,000

14,987

149,870,000

14,987,00

164,857,000

○ ○

December 9, 2003

20,000

14,960

299,200,000

29,920,000

329,120,000

○ ○

December 9, 2003

10,000

14,987

149,870,000

14,987,00

184,857,000

○ ○

December 10, 2003

15,000

15,013

25,195,00

2,519,500

247,714,500

○ ○

December 10, 2003

15,000

14,987

24,805,00

2,480,500

247,285,500

○ ○

December 11, 2003

15,000

14,907

23605,000

2,360,500

245,965,500

○ ○

December 11, 2003

15,000

14,933

23,995,00

2,399,500

246,394,500

○ ○

December 12, 2003

30,000

14,933

47,990,000

4,799,000

492,789,000

○ ○

December 16, 2003

50,000

15,093

754,850,000

75,465,00

830,115,00

Purchase Agency

Date

Quantity(g)

Unit Price

Value of Supply

Amount of tax

guidance.

Jinay

○ ○

December 18, 2003

50,000

15,253

762,650,000

76,265,000

8,915,00

○ ○

December 23, 2003

50,000

15,253

762,650,000

76,265,000

8,915,00

03. Two prosecutions;

10,627,481,000

total of 36 cases

○ ○

Mar. 11, 2004

22,000

14,787

325,314,00

32,531,400

357,845,400

○ ○

Mar. 11, 2004

28,000

14,787

414,036,000

41,403,600

455,439,600

○ ○

Mar. 12, 2004

22,000

14,907

327,954,00

32,765,400

360,749,400

○ ○

Mar. 12, 2004

28,000

14,907

417,396,00

41,739,600

459,135,600

○ ○

Mar. 17, 2004

18,000

14,827

266,886,000

26,688,600

293,574,600

○ ○

Mar. 17, 2004

32,000

14,853

475,296,00

47,529,600

522,825,600

○ ○

Mar. 19, 2004

13,000

15,040

195,520,000

19,552,000

215,072,00

○ ○

Mar. 19, 2004

37,000

15,040

56,480,000

5,648,000

612,128,000

○ ○

Mar. 22, 2004

50,000

15,093

754,650,000

75,465,00

830,115,00

04. One indictment;

3,733,532,000

Total 9 cases

○ ○

September 9, 2004

10,000

14,787

147,870,000

14,787,000

162,657,000

○○ Dod

September 6, 2004

70,000

14,720

1,030,400,000

103,040,000

1,133,440,000

○○ Dod

September 17, 2004

80,000

14,707

1,176,560,000

17,656,00

1,294,216,000

04. Two prosecutions;

2354830000

Total 3 cases

16,715,843,000

2. The Government-Related Acts and subordinate statutes;

Basic Act

Article 14 (Real Taxation)

(2) The provisions on the calculation of tax base in tax-related Acts shall apply according to the substance, notwithstanding the name or form of income, profit, property, act or transaction.

Value-Added Tax Act

Article 6 (Supply of Goods)

(1) The supply of goods shall be a delivery or transfer of goods pursuant to all contractual and legal grounds.

Article 7 (Supply of Services)

(1) The supply of services shall be either the supply of services or having others use the goods, facilities or rights, pursuant to all contractual and legal grounds.

Article 16 (Tax Invoice)

(1) If an entrepreneur registered as a taxpayer supplies goods or services, he shall deliver an invoice stating the following matters (hereinafter referred to as “tax invoice”) to the person who receives the supply as prescribed by the Presidential Decree at the time prescribed in Article 9: Provided, That in the case prescribed by the Presidential Decree, the delivery time may vary:

1. Registration number, name or denomination of the businessman who provides;

2. Registration number of the person who receives;

3. Supply value and value-added tax;

4. Date of preparation.

5. Matters as prescribed by the Presidential Decree other than those under subparagraphs 1 through 4.

Article 17 (Payable Tax Amount)

(1) The amount of value-added taxes payable by an entrepreneur (hereinafter referred to as the “paid tax amount”) shall be the amount computed by deducting the tax amount under the following subparagraphs (hereinafter referred to as the “purchase tax amount”) from the tax amount on the goods and services supplied by him (hereinafter referred to as the “sales tax amount”): Provided, That where an input tax amount exceeds the output tax amount, it shall be a refundable tax amount (hereinafter

1. The tax amount for the supply of goods or services used or to be used for his own business;

2. The tax amount for the import of goods used or to be used for his own business; and

(2) The following input taxes shall not be deducted from the output tax amount:

1-2. An input tax amount, in case where the tax invoice as provided in Article 16 (1) and (3) is not delivered, or the whole or part of the matters to be entered under Article 16 (1) 1 through 4 (hereinafter referred to as a “necessary entry item”) is not entered or entered differently from the fact on the delivered tax invoice: Provided, That the input tax amount in such case as prescribed by the Presidential Decree shall be excluded

Article 21 (Settlement and Correction)

(1) The head of a district tax office having jurisdiction over a place of business, the Commissioner of the competent Regional Tax Office or the Commissioner of the National Tax Service shall determine or correct the tax base of value-added tax or tax amount

2. Where there are any mistakes or omissions in details of the final tax return;

3. Where the list of the total tax invoice by buyer or by seller is not submitted in the final tax return, or all or part of the list of the total tax invoice by buyer or by buyer submitted is not entered or entered differently

Corporate Tax Act (amended by Act No. 8141 of Dec. 30, 2006)

Article 76 (Additional Tax)

(5) Where a corporation (excluding such corporation as prescribed by the Presidential Decree) is supplied goods or services with an entrepreneur as prescribed by the Presidential Decree in connection with its business and fails to receive the evidential documents falling under any of subparagraphs of Article 116 (2), the chief of the district tax office having jurisdiction over the place of tax payment shall collect the amount calculated by adding an amount equivalent to 2/100 of the unpaid amount to the corporate tax, except for the case where

tax shall be collected.

§ 116. Receipt and safekeeping of documentary evidence of expenditure

(1) A corporation shall prepare or receive documentary evidence for all business-related transactions for each business year and keep them for 5 years from the date of the expiration of the time limit for report under the provisions of Article 60.

(2) In cases of paragraph (1), where any corporation receives goods or services from a business operator prescribed by the Presidential Decree and pays the price therefor, it shall receive and keep the evidential documents falling under any of the following subparagraphs: Provided, That the same shall not apply to cases prescribed by

2. Tax invoice under Article 16 of the Value-Added Tax Act;

Restriction of Special Taxation Act (amended by Act No. 7577 of July 13, 2005)

Article 106-3 (Special Taxation of Value-Added Tax on Gold Metals)

(1) The value-added tax shall be exempted until June 30, 2005 pursuant to the classification under paragraph (3) with respect to the supply of gold bullion falling under any of the following subparagraphs (hereafter referred to as "tax-free gold bullion" in this Article), which is current with the form, net drawing, etc. prescribed by Presidential Decree (hereafter referred to as "gold bullion" in this

1. Gold bullion supplied by the wholesalers and refiners of gold bullion prescribed by the Presidential Decree (hereafter in this Article, referred to as the "gold bullion wholesalers, etc.") to the gold craftsmen, etc. prescribed by the Presidential Decree (hereafter in this Article, referred to as the "gold craftsmen, etc.") who have received tax-free recommendation from a person prescribed by the Presidential Decree (hereafter in this Article, referred to as the "trade

(2) The value-added tax shall be exempted until June 30, 2005 on the gold bullion imported by the gold craftsmen, etc. and financial institutions after receiving a tax-free import recommendation from the persons prescribed by the Presidential Decree (hereafter referred to as "the head of the tax

(3) Special cases under the Value-Added Tax Act shall apply to the tax-free gold metals under paragraph (1) pursuant to any of the following subparagraphs:

1. Where a financial institution supplies tax-free gold metals, Article 12 of the Value-Added Tax Act shall apply;

2. Where any entrepreneur other than financial institutions supplies the tax-free gold metals, the relevant entrepreneur shall be deemed the value-added tax taxable entrepreneur and subject to the application of the Value-Added Tax Act. In this case, the value-added tax amount borne at the time of purchasing the relevant gold metals in connection with the supply of the tax-free gold metals shall not be deemed the input tax amount entitled to be deducted under Article 17 of the Value-Added Tax Act, but the tax-free gold metals manufactured and supplied by the gold metals refining businessman and the value-added tax amount borne by the relevant entrepreneur in connection with the purchase of the tax

(11) The head of the competent tax office may, if deemed necessary for preserving the value-added tax, request the gold metal wholesalers, etc. and the gold craftsmen, etc. to provide a security.