A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On August 7, 2013, the Defendant is a rehabilitation administrator of C Co., Ltd. in Jinju City, and C Co., Ltd. was declared as a strike around August 7, 2013 through the corporate rehabilitation procedures of Changwon District Court.

The Defendant, with the permission of the court, decided to dispose of the entire assets and liabilities of C Co., Ltd. to D, but did not comply with the terms and conditions of acceptance, so he was willing to arbitrarily dispose of machinery, raw materials and products owned by C Co.

1. The custodian of a rehabilitation corporation in violation of the Debtor Rehabilitation and Bankruptcy Act shall obtain the prior permission of the court when he intends to dispose of the assets of the rehabilitation corporation; and

Nevertheless, the Defendant received KRW 300 million from D around May 30, 2013, and C Co., Ltd., owned by C Co., Ltd. (hereinafter “C Co., Ltd.”), disposes of “1, 5 tons presses 1, Ledal 1, Ledal 1, and C Co., Ltd., Ltd., of raw materials purchased on credit from C Co., Ltd., with C Co., Ltd., to E Co., Ltd., operated by D, and D transferred the said machinery, etc. to E Co., Ltd. located in C Co., Ltd. F of Hanam-gun.

In addition, around June 22, 2013, the Defendant transferred the sales claim of KRW 30,758,80 to C Co., Ltd., the sales claim of KRW 9,872,750 to C Co., Ltd., the sales claim of KRW 14,513,430 to C Co., Ltd., and the sales claim of KRW 14,513,430 to E Co., Ltd.

Accordingly, the defendant disposed of the property owned by the rehabilitation corporation without obtaining permission from the court.

2. On May 30, 2013, the Defendant received 20,000,000 won from the E Co., Ltd. office located in the Haan-gun F of Haannam-gun, for the disposal of the said machinery, etc. to D as above, and for the same year.

7. The hospital expenses of 171,650,000 won out of the above amounts, while being kept for business on behalf of the said corporation, who was paid KRW 171,650,000 to the Gyeongnam Bank at the entrance of the Gyeongnam branch of the Republic of Korea, which was a rehabilitation administrator of the said corporation.