Loading ...
Sorry, an error occurred while loading the content.
 

Indictment of Dong-Moon "Douglas" Joo and Hyo-Yul "Peter" Kim in Seoul

Expand Messages
  • Damian J. Anderson
    The following is an OCR scan of the original indictment document to extract the English text, followed by the original document with an official notarized
    Message 1 of 1 , Oct 6, 2012
    The following is an OCR scan of the original indictment document to extract the English text, followed by the original document with an official notarized translation for the Seoul Central District Prosecutors' Office

    SEOUL CENTRAL DISTRICT PROSECUTORS’ OFFICE

    March 27, 2012

    Case No.: 2012 Hyeongje 23556
    To: Seoul Central District Cour,
    Subject: Indictment

    Prosecutor Jeong-Heon Kim hereby commences the public prosecution as follows:

    Matters concerning Defendants



    1.       Defendant

    Dong-Moon Joo (450714-1000000), 66 years old

     

    Occupation Religionist, 010-9985-7237

     

    Residence #1901-1302 Junghcung S-Class Lohas Apt. I,
    I-lopyeong-dong, Namyangju-si, Gyeonggi-do

     

    Place of Family Registration Outside of Korea, U.S.A

    Crime
    Charged

    Criminal violation of the Act on the Aggravated Punishment of
    Specific Economic Crimes (Misappropriation)

    Applicable
    Law

    Article 3, Paragraph (1), Item I of the Act on the Aggravated
    Punishment of Specific Economic Crinics, and Articles 356, Article
    355, Paragraph (2) and Article 30 of the Criminal Act

    Whether
    Arrested

    Not-arrested

    Attorney-in-
    fact

    None

    2.       Defendant

    Hyo-Yul Kim (470204-1051523), 65 years old

     

    Occupation Religionist, 010-8991-9940

     

    Residence #1901-1302 Jungheung S-Class Lohas Apt. I,
    I-Iopyeong-dong, Namyangju.si, Gyeonggi-do

     

    Place of Family Registration Unknown

    Crime
    Charged

    Criminal violation of the Act on the Aggravated Punishment of
    Specific Economic Crimes (Misappropriation)

    Applicable
    Law

    Article 3, Paragraph (1), Item I of the Act on the Aggravated
    Punishment of Specific Economic Crimes, and Articles 356, Article
    355, Paragraph (2) and Article 30 of the Criminal Act

    Whether
    Arrested

    Not-arrested

    Attorney-in-
    fact

    None

                       



     

     

     

     

     

     

     

     

    II. Facts of Indictment:

    Defendant Dong-Moon Joo [(“Joo”)] is the representative director of the victim, Washington
    Times Aviation USA LLC (“WTA”), and its 100% parent company, Times Aerospace
    international LLC (“TAI”), and Defendant Hyo-Yul Kim [(“Kim”)] is the secretary general of
    the Mission Church of the Family Federation for World Peace and Unification (the “Mission
    Foundation
    ”) who oversees [the Mission Foundation’s] daily operations.

    The Defendants conspired with each other and around November 9, 2009, [(a)] [Defendant
    Joo,] as the representative director or the immediately prior representative director of VTA
    and TAJ, was/were aware that a considerable amount of WTA’s funds was expected to be
    spent in the near future in connection with the project then being undertaken by Times
    Aerospace Korea LLC (‘TAK”), a subsidiary of WTA. and therefore, [Defendant Joo] had the
    duty to retain WTA’s funds; [(b)] Article 6, Paragraph (2) of WTA’s Management Regulations
    provides that the written approval or consent of TAl, the sole member, is required for matters
    related to the sale or transfer of the company’s assets or the lease or other disposition or
    transfer in fact of a substantial part of the [company’s] assets; [(e)] TAl ‘s Management
    Regulations amended as of August 14, 2009 provides that the directors and officers of TAl
    have the obligation to use their best efforts to cause TAI’s subsidiaries, including WTA, not to
    lend funds (other than trade receivables arising in the ordinary course of business of providing
    goods and services) without the consent of One Up Enterprises, Inc. (“OUE”), the sole
    member of TAJ; [(d)J accordingly, [Defendant Joo] had an obligation to obtain the consent of
    OUE with respect to the lending of WTA’s funds to a third party other than in the ordinary
    course of business of WTA; [(e)] notwithstanding the existence of such obligation, without
    OUE’s consent and in violation of such obligation, at the Incheon International Airport,
    [Defcndant Joo] instructed Seong-Jin Ahn, who was the secretary of Defendant Joo, to
    transfer funds held by WTA in the amounts of KRW 16 billion and USD 7 million for a total
    of approximately KRW 23.7 billion to the account of the Mission Foundation; [(f)]
    [Defendant Jon thereby caused the above amount to be] lent to the Mission Foundation by
    having Scong-Jin Ahn transfer such amount from WTA’s accounts to the Missions
    Foundation’s account; [(g)] [Defendant Jon also] made it difficult for WTA to collect on such
    loan amount.

    With this, the Defendants conspired with each other and caused the Mission Foundation to
    profit in the amount of the above loan amount and caused WTA to suffer a loss in the
    equivalent amount.

    Prosecutor (seal)



    Damian J. Anderson
    Damian.Anderson@...
    +1-301-921-0082

Your message has been successfully submitted and would be delivered to recipients shortly.