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(영문) 서울중앙지방법원 2016.11.17 2016고합367

특정경제범죄가중처벌등에관한법률위반(재산국외도피)등

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A defendant shall be punished by imprisonment for a term of three years and a fine of five billion won.

5. When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[The background of the crime] On June 17, 1983, the Defendant established Q Q Co., Ltd. (RR, Co., Ltd., Ltd., Ltd., on August 24, 1993; hereinafter collectively referred to as “R”), and the representative director, the president of the steering committee, etc. have overall control over the fund management including the above company’s personnel affairs, business, agency contracts, and brokerage fees.

R has mediated the import of overseas weapons-related products in the Republic of Korea, such as the Army Jeon-ju and the Navy for the Army (hereinafter referred to as the “J”) established by the German J (hereinafter referred to as the “J”), the diesel engine for the Navy, and the customary diving box produced by the GermanO (hereinafter referred to as the “O”), and the Defendant entered into a side agreement with the J and theO on the brokerage commission, and received and managed part of the brokerage commission in the name of an overseas document company, etc.

【Criminal Facts】

1. Where a resident who violates the Foreign Exchange Transactions Act intends to trade foreign currency deposits with a nonresident abroad, he/she shall report it to the head of a designated foreign exchange bank;

Nevertheless, around May 13, 2011, the Defendant, without such reporting, remitted to the bank account in the name of Washington BNP Pbaribs in the name of “L.” (hereinafter “L”), a document that the Defendant controls and manages, from the bank account in the name of Singapore BNP Pbbs, to 14,306,479.69 U.S. (hereinafter “M”).

As a result, the Defendant traded foreign currency deposits which are capital transactions without reporting to the head of designated foreign exchange banks.

2. Violation of the Aggravated Punishment Act;

A. The corporate tax evasion 1) in 2006 entered into a side agreement with J to receive non-disclosure brokerage commission in addition to official brokerage commission, and K.K. (hereinafter “K”) on the documents managed and managed by the Defendant.

(2) On February 20, 2006, 2500,000 square meters (Korean Won 2,906,60,000,000), from the account of Singapore Commerz bank. < Amended by Presidential Decree No. 19328, Feb. 20, 2006>