
Legal Q&A
Q
Views3,893
During a recent tax investigation, I was told that some of my past filings could be treated as tax evasion. I did not intentionally try to conceal taxes; the delay in payment was largely because my finances were poor, yet I am worried that this could even lead to criminal punishment. I heard that if the evaded amount exceeds a certain threshold, the punishment is greatly aggravated, so I would like to know what the criteria for punishment of tax evasion are and what circumstances may allow for leniency or mitigation.
Punishment for tax evasion
Answer
Published:
Author : ChanWoo JEONG
Hello. This is a tax attorney at Daeryun Law LLC.
Punishment for tax evasion is carried out very strictly, not only under the Punishment of Tax Evaders Act but also under the Act on the Aggravated Punishment of Specific Crimes, depending on the scale of the evaded tax.
Where the annual evaded tax amount is 500 million won or more but less than 1 billion won, the punishment is imprisonment for a definite term of at least three years, and where it is 1 billion won or more, it may be life imprisonment or imprisonment for at least five years.
In addition, a fine of at least twice and up to five times the evaded tax amount is necessarily imposed concurrently.
However, not all cases are punished in the same way, and depending on the specific circumstances, the punishment may be mitigated or aggravated.
▶ Grounds for mitigation
• Where the actual gain is minor
• Where it is clear that only the timing of payment was delayed
• Where the conduct amounted only to constructive intent
• Where there is no record of prior criminal punishment
• Where there were unavoidable circumstances such as economic pressure
• Where the evaded tax was voluntarily paid or a willingness to pay was shown
On the other hand, in the following cases the punishment for tax evasion may be greatly aggravated, so particular caution is required.
▶ Grounds for aggravation
• Where there is a record of the same type of offense
• Where it was carried out in a planned and organized manner
• Where it involved concealment of assets or disguising of title
• Where assets were concealed or title was dispersed for the purpose of evading taxation
• Where a professional such as a certified tax accountant, a certified public accountant, or an attorney was involved in leading or assisting the offense
As such, the level of punishment for tax evasion is determined by comprehensively considering not only the scale of the tax amount but also the circumstances of the offense and the overall subsequent response.
If tax evasion is at issue, it is important, from the early stages, to organize the facts and sentencing factors through the advice of a tax attorney and to establish a response strategy.

Daeryun's own AI·IT-driven litigation strategy
240+ key members
1,200+ client requests per month
* 2026년 1월 변호사협회 경유증표 발급 기준
In compliance with Article 4(1) of the Korean Bar Association Advertising Rules
Every consultation is reviewed by a specialist attorney first,
so consultations are conducted by appointment.
Phone
1800-7905
Available 24/7, 365 days a year


Online Consultation
Legal services
for our clients.

Chat
Get a quick consultation via chat.
Related Members
More
ChanWoo JEONG
T. 070-5221-2387
Extensive corporate legal litigation and advisory experience · Attorney specializing in inheritance/tax/administrative law

YoungKon CHO
T. 070-7510-2014
Experience as Head of the Seoul Central District Prosecutors' Office · Attorney Specializing in Criminal Law/Sex Crimes/Drugs

JinWon KIM
T. 070-7510-1046
Experience as Chief Prosecutor at the Changwon District Prosecutors' Office · Drug/Security/Digital Forensics/Evidence Investigation Law Attorney

Naewon Kwak
T. 070-5117-2950
Career as Judge, Seoul Administrative Court, Seoul Central District Court · Attorney Specializing in Family Law/Labor Law/Administrative Law
Key Case Results
MoreRelated Practice Areas
MoreAll fields At a glance
1/0