判刑理由書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判刑理由書為準。
The judgment states that the defendant became the sole director of the company he founded in September 2015, and between 2015 and 2016 opened bank accounts in the names of both the company and himself at multiple banks. The defendant subsequently received US dollar payments from Sweden, Chile and the United States, which he exchanged into Hong Kong dollars in several transactions and withdrew in cash or transferred to his related accounts. He was charged with three counts of handling property known or reasonably believed to represent the proceeds of an indictable offence, and was convicted on all three counts after trial.
The judge pointed out that for the offence of handling property known or reasonably believed to represent the proceeds of an indictable offence, the maximum penalty is a fine of HKD 5,000,000 and 14 years’ imprisonment. Sentencing must be primarily deterrent, with the amount involved being the main reference, and taking into account factors such as collusion in the offence, cross-border elements and degree of involvement; except in very special circumstances, a first-time offender should also receive immediate imprisonment.
The judge established the starting point for each count based on the amount involved: Count 1 involved approximately USD 36,996, with a starting sentence of 12 months; Count 2 involved approximately USD 523,759, with a starting sentence of 4 years; Count 3 involved approximately USD 177,249, with a starting sentence of 3 years. Because the defendant acted in concert with others, continued offending despite awareness of money laundering, showed careful planning and cross-border elements, the sentences were increased by 6 months to 18 months for Count 1, by 9 months to 4 years and 9 months for Count 2, and by 6 months to 3 years and 6 months for Count 3. Taking into account the defendant’s age of only 19 years, lack of prior convictions and poor plea attitude, each sentence was then reduced by 3 months.
The judge found that the defendant was actively involved in money laundering in all three cases, lacked remorse, had a questionable motive for reporting, and gave untrustworthy testimony; in view of the large sums involved and multiple aggravating factors, and the need to ensure the sentence is deterrent, it was decided that the three sentences should run concurrently.
The court ordered that the three counts be served concurrently and sentenced the defendant to 4 years and 6 months’ imprisonment (i.e., 54 months). (Translated from Chinese to English by AI)
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