If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

On August 20, 2015, the Defendant: (a) purchased Cenz’s car; (b) borrowed 47.6 million won from the victim’s character character Korea Co., Ltd. for the payment of the price; and (c) set up a collateral security right with the victim’s value of the said car as collateral around August 20, 2015; and (d) applied for personal rehabilitation to the Daejeon District Court around May 1, 2017; and (c) made a decision to commence the individual rehabilitation procedure on June 23, 2017.

An act of a debtor concealing or damaging assets or disposing of it unfavorably to the creditor with the intention of seeking his/her own interest or other person or impairing the creditor, and a decision to commence individual rehabilitation procedures may not become final and conclusive against the debtor.

Nevertheless, on April 2017, the Defendant concealed that the location of the car cannot be grasped by offering the car as security by borrowing 3 million won from the person who was deceased in his name at the front-dong of the Daejeon Metropolitan City.

Accordingly, the defendant disposed of the property to the creditor who was the creditor with a view to promoting his own interest, and at the same time interfered with the exercise of the mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 643 (3) 1 of the Debtor Rehabilitation and Bankruptcy Act (the point of view of fraudulent rehabilitation) and Article 323 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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;