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Q

I am being charged with tax evasion crime. Tax specialist attorney, please help me.

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Hello. Recently, our company's financial situation has rapidly deteriorated and I'm considering corporate rehabilitation application. I heard the court intervenes immediately upon application — I want to know in advance what measures are taken and what restrictions arise on management or asset disposal. I'd appreciate it if you could let me know!

tax evasion crime

tax specialist attorney

A

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Hello. This is a tax specialist attorney at Daeryun Law Firm.

First, I would like to express my deep sympathy for your situation of being charged with tax evasion crime.

Tax evasion crime refers to the crime of intentionally avoiding taxes or, with the purpose of reducing the tax amount, falsely filing tax returns or intentionally omitting parts of them.

If charges of tax evasion crime are recognized, the offender is subject to imprisonment for up to 2 years or a fine equal to or more than twice the amount of tax evaded.

If the amount evaded is 500 million won or more, it becomes subject to aggravated punishment, and a higher level of punishment may be imposed, so caution is required.

In tax evasion crime, the degree of punishment may vary depending on intent or negligence, so in cases of mistakes like yours, there is a possibility that the punishment may be mitigated.

However, if the investigation has already progressed substantially, you must quickly retain a tax specialist attorney now and prepare a response strategy.

The Sentencing Commission specifies the following mitigating factors for tax evasion crime:

1. When the actual gain is minor
2. When the criminal acts are voluntarily reported
3. When a certain portion or more of the evaded tax has been collected or is expected to be collected
4. When the offender shows a sincere attitude of reflection
5. When there is no prior criminal punishment record

If you seek the assistance of a tax specialist attorney, they will help draw out the mitigating factors of the Sentencing Commission in the client's situation to lower the sentence.

If you wish to clear yourself of the tax evasion crime charge, please request consultation with a tax specialist attorney right now.

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