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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who served as a rehabilitation administrator from July 24, 2008 to February 19, 2014.
On July 24, 2008, the Defendant was appointed by the Changwon District Court as a receiver of the company’s rehabilitation and was engaged in the business and management of the company’s property.
In the above court's decision to commence rehabilitation against the above company, the above court stated that "the receiver must obtain the permission of this court in paying the above amount exceeding KRW 10,000 for each item" was obligated to obtain the permission of the above court.
Nevertheless, on May 16, 2013, the Defendant transferred KRW 400 million from B’s bank account (Account Number: D) to E bank account in the name of the Defendant, and used it for the repayment of loans to G Co., Ltd. (hereinafter “G”) in the actual operation of the Defendant, and transferred KRW 700 million from B’s bank account in the name of the said B bank account to B (Account Number: I) around July 26, 2013, the Defendant again transferred it to B’s bank account in the name of the said B bank account and then transferred it to 1.375 billion from the relevant private person, which was actually owned by the Defendant (hereinafter “J”) around August 27, 2013, to 1.37 billion from the above bank account in the name of B to 2.515 billion from the above account in total to the 1.575 billion from the date of repayment, respectively, around August 27, 2013.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of relevant Acts and subordinate statutes, such as the details of the transaction in the G account, G and J, etc.;
1. Relevant Article 648 (1) of the Debtor Rehabilitation and Bankruptcy Act concerning facts constituting an offense and Article 648 (1) of the same Act concerning each of the options of punishment;
1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the largest penalty for concurrent crimes).