He managed to secure $602,202 of a total $1,879,288 from the wage subsidy payments.
The charges filed against the defendant were brought by the Serious Fraud Office (SFO) in the first wage subsidy fraud case of its type for the agency.
Serious Fraud Office director Karen Chang today described Im’s offending as “deliberate and wide-reaching”.
“He created a complex web of fake companies and forged documents which our expert teams spent many hours piecing together.
“He stole the personal information of his tenants and applicants who responded to fake job ads he placed online, to use as shareholders, directors and employees in his companies.
“Mr Im took advantage of public money that was intended to support people and businesses during a time of significant stress and uncertainty. Any money he received was used to fund his personal lifestyle, including an apartment and luxury vehicle.”
Judge Simon Lance acknowledged the “enormous amount of work” carried out by the prosecution team, involving “hours and hours” of information gathering for the trial.
The summary of facts detailing Im’s offending stretched to 83 pages.
Companies not operating in NZ, forged names
According to the agreed summary of facts provided to the Herald, Im filed 42 applications to the Ministry of Social Development (MSD) in an attempt to obtain taxpayer-funded Covid-19 wage subsidy payments.
Of the total, 13 of the applications were approved by MSD and 29 were declined.
In reality, the companies listed on the 42 applications were not operating any business in New Zealand and were not employing the individuals listed in the applications, or any staff.
The money Im obtained from MSD was used to fund his lifestyle.
He filed further applications for Covid-19 subsidies with Inland Revenue (IR) seeking an additional $172,800 of funds that he was not entitled to for his companies.
None of these applications were successful but Im still faced multiple charges for dishonestly using a document.
To incorporate companies with the New Zealand Companies Office, Im forged signatures on director and shareholder consent forms.
Two people involved with a company called Imperial had never heard of its name and were not aware they were registered as the director or shareholder.
Im also filed GST refunds totalling $271,664 from Inland Revenue (IR) for his companies, falsely stating the companies’ sales and income, purchases and expenses.
In some instances, GST returns were filed for shell companies.
During the period of his offending, Im also received the Jobseeker Benefit as well as an Emergency Grant of $16,146 in relation to housing assistance.
Additionally, he received $50,074 from the Inland Revenue Department in Working for Families and GST-related payments.
Emotional day in court
Prosecutor Todd Simmonds, KC, said Im’s offending was of a “very calculated, premeditated nature” spanning a significant period.
In this case, imprisonment was the only “realistic outcome” and “extremely likely”, he said.
In court on Friday, Im stood up and begged the judge to be allowed further bail time to be with his heavily-pregnant wife, who faces deportation.
Defence lawyer Jeremy Bioletti said Im’s wife’s visa had expired, she was six months pregnant and looking after a 3-year-old and a 5-year-old.
The situation left her “completely dependent on Mr Im’s position,” he said.
Im pleaded with the judge, asking for “just a little more time to organise everything for my wife and children”, as he said they had no family in Korea.
Judge Lance said due to the likelihood of his wife being repatriated, there was going to be some disruption to the family dynamic “one way or the other”.
“I take no pleasure in this to be honest, but according to law and given the circumstances, a remand in custody is appropriate.”
He said Im’s lengthy time on bail during the trial meant he had been given time to arrange his personal affairs.
Im is due to be sentenced in August.
