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(영문) 인천지방법원 2017.06.14 2016고단9130
채무자회생및파산에관한법률위반등
Text

Defendant

A Imprisonment with prison labor for three years and for two years, respectively.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to a two-year suspended sentence of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Incheon District Court on August 25, 2016, and the said judgment became final and conclusive on September 2, 2016.

[2] Defendant A, as the representative director of FF corporation, a wholesale company for fishery products located in E at the time of harmony, has overall control over the business, fund management, etc. of the above company, and Defendant B, as a director of the above company, is performing the order and supply of fishery products according to the direction of Defendant A.

Defendant

A had Defendant B registered Defendant B with “H” in the name of Defendant B’s wife G for the purpose of tax reduction and exemption, and in fact, FF corporation issued a false tax invoice as if it were supplied by H despite having supplied fishery products to 11 companies, and received and managed the price of supply from the said transaction parties to G bank account in the name of H representative.

1. No act of concealing or destroying any property belonging to the bankrupt estate, or disposing of any disadvantage to the creditors, or falsely increasing the burden of the bankrupt estate, with the intention of seeking his/her own interest or any other person, regardless of whether it is before or after the declaration of bankruptcy, or impairing any creditor, shall be performed on an agent of a debtor in violation of the Debtor Rehabilitation and Bankruptcy Act;

Nevertheless, the Defendants, on January 2015, have to pay the FF Company to the business partners, including J, and according to the copy of the application for the declaration of bankruptcy submitted by the FF Company, the Defendants would correct the amount of KRW 18,211,55,819, as stated in the indictment, by recognizing the facts constituting the causes of 1,821,15,819,819.

As the FF corporation could not repay it to the account in the name of the said G bank account in the aggregate of KRW 673,500,000, the price for supply which the FF corporation received from the transaction partners such as I to the account in the said G name.

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