2013 Violation of the Debtor Rehabilitation and Bankruptcy Act

A person shall be appointed.

Kim Yong-U.S. (Lawsuits) and T.S. (Trial)

Law Firm Number

Attorney Kim Tae-tae in charge

January 31, 2013

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Facts of crime

On July 19, 201, B, the Defendant, who was a representative director, was decided to commence rehabilitation by the Ulsan District Court 201 Gohap12, and the Defendant was appointed as the manager of the above company on the same day and is in office as the manager of the above company until the day.

The debtor's custodian, etc. shall be prohibited from performing the act of extinguishing any rehabilitation claim by repaying, etc. that fails to comply with the rehabilitation plan without obtaining permission therefor from the court after rehabilitation procedures commence.

Nevertheless, on January 2, 2012, the Defendant, without obtaining permission from the above court, performed the act of repaying the Defendant’s debt amounting to KRW 100,105,00 in the above company’s office located in Ulsan-gun, Ulsan-gun, as shown in the separate crime list, from around September 17, 2012 to around September 17, 2012, all of the above company’s debt amounting to KRW 830,383,752.

As a result, the defendant performed the act of extinguishing the rehabilitation claim without obtaining permission from the court after the rehabilitation procedure began.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, G, H, I, J, and K:

1. A copy of the statement of financial position, the president of each account (damage by error), the daily statement of cash sales, the current status of cash sales (current status of sales omitted), daily sales, the daily statement of cash sales, the sales slip, the daily statement of account, the copy of the corporate register, each copy of the rehabilitation decision, each computer accounting book output (the statement of financial position, the ledger of each account, and the daily statement of account), the monthly sales (2012), the daily balance sheet (20 from July 29, 2012 to August 26, 201), the statement of payment of benefits (the statement of payment from July 7, 2011 to December 8, 201), the statement of payment of benefits, the statement of deposit funds, the copy of the audit report, the daily statement of deposit account, and the statement of transactions in agricultural bank, the balance sheet of each account, the deposit account, and the statement of transactions in agricultural bank, the balance sheet of deposit in each account, and the statement of transactions in each passbook;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 648(1) of the Debtor Rehabilitation and Bankruptcy Act and the choice of imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Taking into account the fact that primary offenders, confessions, and considerable damages have been recovered)

Judges in the order of precedence