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(영문) 서울중앙지방법원 2016.04.21 2015고합577
특정경제범죄가중처벌등에관한법률위반(재산국외도피)등
Text

Defendant

B Imprisonment with prison labor of 10 years and fine of 100,000,000 won, Defendant A with prison labor of 1 year and 6 months, and Defendant C.

Reasons

Punishment of the crime

[Status of the Defendants] Defendant B is a resident of the Republic of Korea who is the representative of Defendant C (hereinafter “C”) and is a resident of the Republic of Korea, and Defendant A is a resident of the Republic of Korea who was the head of Defendant C’s accounting division. Defendant C is a corporation established for the purpose of manufacturing and selling gold-type products on January 31, 2002.

Defendant

B The facts are that Defendant C does not actually sell plastic TV dyp (hereinafter “PTV dyp”) to a foreign customer, and even though the market price of PTV dyp is less than USD 30 per transaction, as if it were sold to a foreign customer at a higher level, Defendant C falsely prepared the relevant documents as if it were sold to a foreign customer, and filed an export declaration to the customs office, selling the export payment claim based on the transaction in question to a financial institution as its operating expenses or personal funds, using the sales proceeds by selling the export payment claim to the financial institution, and raising funds for the repayment of the export payment claim arising from the sale to the financial institution by means of the same way as if the due date of the export payment claim sold to the financial institution is imminent.

Defendant

B In the process, in order for the FF Co., Ltd. (F stock companies; hereinafter “FF”) to appear to be actually repaid the export proceeds of Defendant C in the process of the establishment of G Co., Ltd. (G stock companies; hereinafter “G Co., Ltd.”) in which FF and English name are the same Puercom in Japan, and opened the account in the name of Japan in the name of Japan Dou-si Bank (hereinafter “G Co., Ltd.”)., and the Defendant C purchases gold-type components from F, the customer of the business, and prepares false documents, such as OFF SHET, and written false documents in the name of the import proceeds of the process in Japan at the location of the Defendant C U.S. branch in Japan.

The money transferred to the bank account again has been transferred to the bank account in the name of the next F.F.

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