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(영문) 대전지방법원 공주지원 2019.07.05 2019고단127
조세범처벌법위반
Text

As to the crime No. 1 in the judgment of the defendant, the crime No. 2 in the judgment of the court shall be punished by imprisonment of 4 months, 3 months, and 3.

Reasons

Punishment of the crime

[criminal power] On October 16, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Tax Evaders Act in the Incheon District Court’s Branch Branch, and the judgment was finalized on June 24, 2015. On October 19, 2015, the judgment was finalized on October 27, 2015, which was sentenced to two years of imprisonment with prison labor for occupational embezzlement, etc. in the Incheon District Court’s Branch Branch, and the judgment was finalized on October 27, 2015. On August 16, 2018, the Seoul High Court sentenced to two years of imprisonment with prison labor and fine of 6,500,000 won and imprisonment with prison labor for a violation of the Customs Act and three years and six years and six months of imprisonment with prison labor and fine of 3,500,000 won and the judgment was finalized on December 27, 2018.

[Judgment of the court below] The Defendant is a representative director of B (hereinafter “B”) established and operated by B, which mainly focuses on the design, manufacture, sales, etc. of the board to be used in the construction of a semiconductor wafer integrated circuit at the level of 5 to 10cm.

The Defendant: (a) borrowed funds from domestic financial institutions, such as the Korea Trade Insurance Corporation and the Export Insurance Corporation; and (b) obtained high-priced waferer D, E, and F (hereinafter “Class 3”) through the production plant of “C” companies, which are manufacturers specialized in semiconductors that are injured in China; (c) imported them from “G”, etc. in Hong Kong; and (d) made the appearance of those products to be exported to H, etc. in Hong Kong.

However, Class 3 products actually handled by the Defendant in export and import transactions are not authentic wafers, but only more wafers (DUMY WAFER) with no value. The Defendant exported Hong Kong Puercom (H, etc.) managed by the head of the Chinese central administrative agency, B, but repeatedly re-exported products into “G,” etc., and repeatedly re-exported the products into “G,” etc., and repeatedly re-exported the products, thereby making a false re-exporting the size of B’s export and import transactions.

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