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(영문) 서울중앙지방법원 2018.05.10 2018고단996
조세범처벌법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person without tax payment shall conceal or omit property for the purpose of evading or evading the execution of a disposition on default.

The Defendant, from July 25, 2014 to February 11, 2015, operated the “D” dan on the Gangnam-gu Seoul and the first basement level.

In order to avoid the execution of the disposition on default due to the failure to pay the general income tax in 2014, the second value added tax in 2014, and the first value added tax in January 2, 2015 while running a dan as seen above, the Defendant: (a) withdrawn KRW 8,060,000, out of the sales of the above dan Bar Card in cash from January 2, 2015, which was kept in the new bank account in the name of the Defendant at the new bank branch located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, around January 2, 2015, at around the same year.

2. From November, 200 to 51, a total of KRW 392,980,000 was withdrawn in cash over a total of 51 times as shown in the attached list of crimes.

Accordingly, the defendant concealed property to evade the execution of the disposition on default.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Investigation report (whether or not D dans actually run);

1. Details of transactions in new bank accounts, details of credit information replies, and application of statutes on default;

1. Article 7 (1) (main sentence) of the Punishment of Tax Evaders Act and Article 7 (1) (main sentence) of the Punishment of Tax Evaders Act concerning facts constituting an offense, and the selection of fines (it is reasonable that the defendant is the primary offender, but there are some circumstances to consider the circumstances of the offense);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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