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(영문) 인천지방법원 2013.08.20 2013고정1753
조세범처벌법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

C is a person who actually operates E entertainment tavern in Nam-gu Incheon Metropolitan City, and F is a person who works to supply the so-called “bab president” to entertainment establishments. The Defendant registered his/her business in the name of the Defendant, a so-called “bab president,” who has no intent and ability to pay taxes due to lack of particular property, and conspired with C, F, etc. to evade taxes by failing to pay taxes.

On June 19, 2009, the Defendant registered the business of the said E entertainment tavern and opened a credit card franchise store under the name of the Defendant, who is the president of the Republic of Korea on June 19, 2009, and C received the drinking value, etc. from customers by credit card, the Defendant prepared a credit card sales slip in the name of the Defendant, and paid the said sales slip in the name of the Defendant, as if there was no income from the Defendant in connection with the operation of the said entertainment tavern, and as if there was any income from the Defendant who had no intent and ability to pay taxes at all, and on October 25, 2009, the Defendant did not pay the Defendant the individual consumption tax amounting to KRW 26,98,543 of the said E entertainment tavern on March 3, 2009, as shown in the list of crimes committed in the attached Table, such as where the Defendant did not pay the amount of tax to the Defendant four times from around October 25, 2009 to May 31, 2010.

Accordingly, the Defendant, in collusion with C, F, etc., evaded taxes of 181,313,187 won in total by fraud or other illegal act.

Summary of Evidence

1. Statement by the defendant in court;

1. The interrogation protocol of F concerning the prosecution, some third and fourth interrogation protocol of the prosecution (including the third interrogation protocol of the prosecution, G among the interrogation protocol of the prosecution and theF among the interrogation protocol of the prosecution, each of the 4th interrogation protocol of the prosecution);

1. The prosecutor's statement concerning H;

1. Police suspect interrogation protocol of the accused;

1. A H statement;

1. Written accusation (No. 2012 type 5595);

1. A copy of lease contract, copy of E-Settlement Account Book, C Deposit Transaction Certificate (Korean bank).

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