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(영문) 수원지방법원 2017.07.20 2017고정1431
채무자회생및파산에관한법률위반
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No debtor may, regardless of whether it is before or after the declaration of bankruptcy, conceal or destroy any property belonging to the bankrupt estate, or dispose of it unfavorably to any creditor, with the intention of seeking his own interest or any other person's interest,

The Defendant is a person who operates the skin management room in the trade name of “C” by leasing a shopping mall B and 2nd floor in Suwon-si.

On March 31, 2010, the Defendant renewed the lease contract with D on March 31, 2010 by setting the lease deposit of KRW 10,000,000, monthly rent of KRW 600,000, and the lease period of KRW 2 years.

After that, on April 20, 201, the Defendant transferred KRW 10,000,000 to E with respect to the above commercial building as a new lease contract between D and D, and (2) on June 23, 2011, the amount equivalent to KRW 6,000,00,000 for the repayment claim of the lease deposit to E, by having E enter into a new lease contract between D and D with respect to the above commercial building as the end of April 30, 2013.

Afterward, the Defendant filed a petition for bankruptcy and discharge from liability with the Suwon District Court on July 6, 2012, by asserting that, as the Defendant’s business operation was broken off and the Defendant’s creditor G brought a lawsuit against the Defendant against the Defendant (the Suwon District Court 2011 Ghana 52730) became final and conclusive, the Defendant brought a petition for bankruptcy and discharge from liability with the Suwon District Court on July 25, 2013, and the said court rendered a ruling of bankruptcy (the lower court 5135 at the bottom of the Suwon District Court 2012) on July 25, 2013, and the said declaration of bankruptcy became final and conclusive on August 9, 2013.

Thus, the defendant, before the declaration of bankruptcy, concealed the property belonging to the bankrupt estate or made a disadvantageous disposition to the creditor with the aim of promoting his own interest or other person's interest or impairing the creditor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A complaint;

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