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(영문) 광주지방법원 2014.12.30 2013고단4413
채무자회생및파산에관한법률위반
Text

Defendant

A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for ten months.

However, for a period of two years from the date this judgment has become final.

Reasons

Punishment of the crime

Defendant

A is the representative director of F Co., Ltd. (hereinafter referred to as “F”), and Defendant B is the representative director of G Co., Ltd. (hereinafter referred to as “G”), who holds claims equivalent to KRW 158 million with respect to F, and H and I are F’s executive director, and J are F’s material director.

The F applied for corporate rehabilitation to the Gwangju District Court on the grounds of the aggravation of management on December 8, 2011.

In addition, on December 13, 2011, F was decided by the Gwangju District Court to take a preservative measure that “F shall not perform any monetary obligations arising from the causes before December 13, 2011, as repayment or provision of security.”

At that time, the Defendants performed official duties to transport the F-owned “H-sn beam” materials to the greatest extent possible and keep them in G open-airs to the extent possible.

On December 14, 2011, Defendant A, upon the public invitation, instructed Defendant A to transfer “H-sn beamline” materials, which are F’s property, to G’s open source, from the open source of G on December 14, 201, in F’s open source located in C, Masung-gun. The above I delivered Defendant A’s instructions to J, and had J transport approximately KRW 409 tons of “H-sn beamline” materials in total amounting to KRW 293,662,00,00 in the market value on the same day, and Defendant B stored them in the above G open source and concealed them.

Since January 20, 2012, Gwangju District Court decided to commence rehabilitation procedures for F, and the above decision became final and conclusive without filing an immediate appeal or cancellation of the decision to commence rehabilitation procedures.

As a result, the Defendants conspired to conceal F’s “H-sn beam” material, the F’s property, for the purpose of undermining F’s other creditors, and thereafter the decision to commence rehabilitation procedures for F became final and conclusive.

Summary of Evidence

1. Legal statement of the witness J;

1. Each legal statement of the witness H and I;

1. The defendant A's partial statement in the first trial record;

1. Each prosecutorial statement to J and I.

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