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Defendant shall be punished by a fine of three million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
On August 16, 2010, the Defendant was appointed as the administrator of the pertinent foundation by the Ulsan District Court 2010 Ma18 medical foundation in accordance with the decision to commence rehabilitation procedures for the medical foundation, and served until May 15, 2012. The above decision was to obtain permission from the court in cases where “acquisition of property above KRW 10,000 won”, “an amount exceeding KRW 10,000 won per item (if payment for rehabilitation security rights and rehabilitation claims is included in the amount below KRW 10,000),” “an amount of money exceeding KRW 1,00 won per item”, “an act of borrowing opinions or methods in whatever manner.”
Nevertheless, the Defendant, without obtaining permission from the court, borrowed KRW 10,100,000 from C over 18 times from October 10 to February 24, 2012, and violated the Debtor Rehabilitation and Bankruptcy Act by making money transactions without obtaining permission from the court three times from around that time to April 9, 2012 as indicated in the following crime list.
Summary of Evidence
1. Partial statement of the defendant;
1. Part of the witness C’s legal statement;
1. Statement made by the prosecution concerning D;
1. Application of the provisions of the Acts and subordinate statutes governing the ruling of the U.S. Supreme Court No. 10 civil history, the first agreement, the guarantee of repayment and the application for permission for the borrowing
1. Relevant Articles 648 and 61 (1) 9 of the Debtor Rehabilitation and Bankruptcy Act concerning facts constituting an offense, and the selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Determination as to the defendant's assertion under Articles 70 and 69 (2) of the Criminal Act for the confinement of a workhouse
1. The Defendant’s assertion C voluntarily invested KRW 120 million in the F Hospital, and KRW 150 million received from D is the money that the Defendant received as a consideration for the transfer of management rights. As such, the Defendant’s personal money is the money of KRW 100 million, and the Defendant’s wife G disposes of the Defendant’s personal money, it is not subject to permission by the court, and thus, is not a crime.
2. The following circumstances based on the records of this case, namely, ①.