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(영문) 서울중앙지방법원 2016.05.04 2015고정4434

채무자회생및파산에관한법률위반

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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Defendant who served as representative director;

D Co., Ltd. was decided to commence the rehabilitation procedure by the Seoul Central District Court 2012 meeting on January 8, 2013, and the Defendant was appointed as the manager of the above company on the same day and served as the manager until now.

No custodian of a debtor shall take over the debtor's assets without obtaining permission therefor from the court after rehabilitation procedures commence.

Nevertheless, on March 2013, 2013, the Defendant instructed his agent in the name of the first police officer in China to file an application with the Defendant to transfer the trademark right of “E” (the registration number F) that the said company had applied for registration in China, and the said agent applied for the transfer of the above trademark right to the Chinese Trademark Bureau around October 16 of the same year according to the direction, and the said agent was registered as the trademark right of the said company around October 16 of the same year, and the procedure transferred to the Defendant around October 21 of the same year was completed.

Accordingly, the defendant acquired the debtor's property without obtaining permission from the court after the rehabilitation procedure commenced.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness G and H’s legal statement;

1. Statement of reasons for appeal;

1. A complaint;

1. Application of statutes governing cited trademark data;

1. Article 648 (1) of the Debtor Rehabilitation and Bankruptcy Act applicable to the facts constituting an offense, and Article 648 of the same Act and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;