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(영문) 서울서부지방법원 2017.07.19 2017고단213
채무자회생및파산에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one may obtain a decision to commence individual rehabilitation procedures by falsely increasing his/her own burden with the aim of seeking his/her own interest or any other person's interest or impairing his/her creditors.

1. On October 18, 201, the Defendant filed an application for the commencement of individual rehabilitation procedures with the Seoul Central District Court on the Seoul Central District Court on October 18, 201, the Defendant prepares and submits a false list of individual rehabilitation creditors as if he/she was liable for each of the above obligations despite the absence of the obligation of KRW 51 million to C and KRW 50 million to D, and receives a decision to commence individual rehabilitation procedures from the above court on February 6, 2012 to 100438, respectively.

3. 7. The above decision was finalized even with the period of objection.

2. The Defendant filed an application for individual rehabilitation as described in paragraph 1 and decided to authorize the repayment plan as of June 11, 2012, but filed an application for discontinuation of individual rehabilitation procedures as of June 28, 2012 due to partial omissions in the repayment plan, and made a decision to discontinue individual rehabilitation procedures on July 3, 2012.

After that, on April 5, 2013, the Defendant applied for the commencement of the rehabilitation procedure again in the above court, but the above court dismissed the above application on November 11, 201 of the same year. Accordingly, on January 9, 2014, the above court filed an immediate appeal and rendered a decision to revoke the above decision of dismissal on January 9, 2014, which led to the new procedure for application for commencement of individual rehabilitation procedure.

On February 10, 2014, when the above court filed an application for the commencement of individual rehabilitation procedures again, the Defendant prepared and falsely prepared a list of individual rehabilitation creditors as if C bears the obligation of KRW 51 million and KRW 50 million to D, as described in paragraph 1, and received a decision to commence individual rehabilitation procedures from the above court at KRW 27466, August 2, 2016, and received the decision to commence individual rehabilitation procedures from the above court at KRW 27466.

9. 13. The above decision became final and conclusive even with the period of objection.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement of the police statement to E;

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