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학술논문비교형사법연구2008.12 발행KCI 피인용 11

조세범처벌법 제9조 제1항의 처벌대상 행위와 가벌성의 범위

The Behavior Scope of The Article 9 Clause 1 in The Tax Crime Punishment Law

류석준(영산대학교)

10권 2호, 215~234쪽

초록

In this case, It is decided that the withdrawing savings from the corporation account without positive accompanying acting as an account books mani- pulation, is property concealment included in 'fraud etc. illegal acting of the article 9 clause 1 in the tax crime punishment law. It is differentiated from usual precedents. However, the conception of the acting was excessively expended in this case. So, the withdrawing savings is not accompanying acting in the established precedents point of view. However, this interpretation is possible, because this precedent is mutual agreement of all justices of Supreme Court. In spite of this, some serious doubts is raised, owing to not reflecting the purpose of the this precedent in the some escorting precedents. The arbitrary decision of the precedents must be mistrusted.

Abstract

In this case, It is decided that the withdrawing savings from the corporation account without positive accompanying acting as an account books mani- pulation, is property concealment included in 'fraud etc. illegal acting of the article 9 clause 1 in the tax crime punishment law. It is differentiated from usual precedents. However, the conception of the acting was excessively expended in this case. So, the withdrawing savings is not accompanying acting in the established precedents point of view. However, this interpretation is possible, because this precedent is mutual agreement of all justices of Supreme Court. In spite of this, some serious doubts is raised, owing to not reflecting the purpose of the this precedent in the some escorting precedents. The arbitrary decision of the precedents must be mistrusted.

발행기관:
한국비교형사법학회
DOI:
http://dx.doi.org/10.23894/kjccl.2008.10.2.010
분류:
법학

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조세범처벌법 제9조 제1항의 처벌대상 행위와 가벌성의 범위 | 비교형사법연구 2008 | AskLaw | 애스크로 AI