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(영문) 대구지방법원 2016.03.25 2015고단4473
채무자회생및파산에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 2009, the Defendant entered into a lease contract of KRW 200 million for F apartment 109, 1405, 1405, F apartment 100,000 owned by the Defendant with E, and is a person who has the obligation to return the deposit for the lease to E at the time of termination of the lease contract.

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

On December 6, 2012, the Defendant disposed of KRW 3203, G Apartment-gu apartment C, Daegu-gu, the Defendant owned at KRW 440 million, and repaid the bank security loans, etc. out of the purchase price and held the remainder of KRW 45 million, which was around December 8, 2012, the Defendant changed the name of H Co., Ltd., the Defendant whose representative director is the Defendant as “I Co., Ltd.” on August 11, 2014.

Around December 18, 2012, 6 million won in the account (hereinafter referred to as “H”), 5 million won in the same account as the same account around December 18, 2012, 5 million won in the same account around December 20, 2012, and 20 million won in the same account on December 24, 2012, and donated a total of 36 million won in the same account free of charge. Around December 12, 2012, the name of the Defendant’s JM5 car owned by the Defendant was changed to K future without any special reason.

After that, on December 18, 2013, the Defendant applied for bankruptcy and exemption from liability to the civil court of the Daegu District Court located in the Daegu Suwon-gu District Court on the grounds of impossibility of payment of the Defendant’s obligation. On July 14, 2014, the Defendant was declared bankrupt and the bankruptcy declaration became final and conclusive on July 14, 2014.

In this way, the defendant committed an act of concealing property belonging to the bankrupt estate or disposing of it to the creditor with the intention of promoting the interest of the defendant or impairing the creditor before the declaration of bankruptcy, and the declaration of bankruptcy became final and conclusive.

Summary of Evidence

1. Legal statement of witness E;

1. Legal statement of L partially every witness;

1. The defendant;

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