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(영문) 서울중앙지방법원 2013.11.08 2013고단2418

채무자회생및파산에관한법률위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 12, 2010, the Defendant, who sells health foods, was married with D, the former husband.

1. From October 2009, the Defendant was active as a member of a multi-level distribution company E Co., Ltd., and was paid allowances according to purchase records as an account in the name of the Defendant, and the victim F filed a lawsuit against the Defendant for the prohibition of borrowing KRW 127,00,000 against the Seoul Southern District Court on April 9, 2010, and the Plaintiff F concealed the Defendant’s property at the Defendant’s H office located in Dongjak-gu Seoul District Public Prosecutor’s Office in order to avoid fraud, and to avoid compulsory execution, at around May 2010, with a view to evading compulsory execution, the Defendant filed a lawsuit against the Defendant for the prohibition of borrowing KRW 127,00,000,00 with the Seoul Southern District Court on April 9, 2010, by changing the said allowances receipt account from the account in the name of the Defendant to the account in the name of the former husband of the Defendant from around May 2012.

2. The debtor in fraudulent bankruptcy is prohibited from hiding or destroying any property belonging to the bankrupt estate or disposing of it unfavorably to the creditor with a view to promoting his/her own interest or impairing the creditor, regardless of whether it was before or after the declaration of bankruptcy. The defendant was paid 4,289,57 won as allowances in accordance with the product sales performance as a member of the multi-level marketing E company even on September 15, 201, which was immediately before the application for bankruptcy (on September 16, 2011), and he/she was paid 4,289,57 won as allowances in accordance with the product sales performance as a member of the multi-level marketing E company from May 1, 2010 to the bank account in the name of D, which is the former husband, from around 1 to 3 times a month from May 2010, despite having received allowances from multi-level marketing activities in the name of the former husband, the debtor did not receive any loan debt 127,000,000 won from the creditor F from the Seoul Central District Court.