채무자회생및파산에관한법률위반
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On January 27, 2012, the Defendant was sentenced to the Seoul Northern District Court to provide C with KRW 65 million. On September 19, 2012, the Defendant applied for commencement of individual rehabilitation procedures to the Cheongju District Court and decided to commence individual rehabilitation procedures around January 14, 2013, and the said decision became final and conclusive on January 28, 2013.
In the individual rehabilitation procedures, any court or any rehabilitation commissioner may request the debtor at any time to report on his/her revenues and expenditures of money and his/her property work, and if it is deemed necessary, may inspect the current status of his/her assets, request any correction and take other appropriate measures, and the debtor shall not refuse such request for report, inspection and correction or file a false report without justifiable grounds.
Nevertheless, around October 2012, the Defendant: (a) received a recommendation from the rehabilitation commissioner of the Cheongju District Court to the effect that it is difficult for the Defendant to easily understand that the monthly average income is smaller than the debtor’s employee’s wage; (b) on November 6, 2012, the Defendant submitted an amendment with the list of “the list of revenues and expenditures” attached to the civil application and the Cheongju District Court’s civil petition and the “list of revenues and expenditures”; and (c) on September 19, 2012, the Defendant submitted a false report as KRW 1.6 million, while the Defendant’s monthly average income from the operation of the cosmetic was KRW 1.8 million from around July 1, 2009 to around September 19, 2012; and (d) submitted a false report as to the Defendant’s monthly average income of KRW 3.6 million, but the Defendant’s spouse submitted a false report as to the amendment’s average monthly income of KRW 3.7 million to the Cheongju District Court.3 million.
(i) the evidence;