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(영문) 서울중앙지방법원 2018.07.13 2018고단267
채무자회생및파산에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who is not a legal representative of the debtor and the debtor, the director of a corporate debtor and the debtor's manager shall not, before or after the declaration of bankruptcy, conceal or destroy any property belonging to the bankrupt estate, or make any unfavorable disposition to the creditor, with the intention of seeking his own interest

The Defendant, even if he is not a legal representative of the debtor and debtor, the debtor's director of the corporate debtor, and the debtor's manager, could not be known in April 2017. According to the Seoul Central District Court's decision of bankruptcy 3811 at the bottom of 2016 at the Seoul Central District Court, the Defendant, despite being aware of the fact that the C's D's D's automobile belongs to the ownership of the above bankruptcy estate, concealed the above C's automobile with the aim of 50 million won for the repayment of the above C's claim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes concerning the adjudication of bankruptcy, the register of automobile registration, and the decision of provisional disposition by the court;

1. Article 654 of the relevant Act and Articles 650 (1) 1 and 650 (1) of the Debtor Rehabilitation and Bankruptcy Act concerning facts constituting an offense, and the selection of a fine;

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

1. There are circumstances that may consider the reasons for sentencing of Article 334(1) of the Criminal Procedure Act as the reasons for sentencing of the instant case. Considering the Defendant’s two times of fine as well as the fact that the Defendant had no other criminal record, the sentence was determined in light of the circumstances indicated in the instant pleadings, including the Defendant’s age, sex, environment, and circumstances after the crime.

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