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(영문) 부산지방법원 2014.05.15 2014고정567
채무자회생및파산에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 26, 2012, the Defendant applied for rehabilitation procedures to the Changwon District Court with respect to the Changwon District Court on July 30, 2012, the Changwon District Court decided that the Defendant should be designated as the manager of the above company and that the disbursement of the amount exceeding five million won (including the payment of rehabilitation claims below five million won) should be permitted by the court.

Nevertheless, on August 24, 2012, the Defendant transferred the above company’s funds to C, a creditor of the above company, to a debt repayment of KRW 15 million, without obtaining permission from the court.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (verification as to whether permission is granted by the court);

1. Relevant Article 648 (1) of the Debtor Rehabilitation and Bankruptcy Act concerning facts constituting an offense and Article 648 (1) of the same Act concerning the option of a penalty;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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