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(영문) 서울북부지방법원 2017.09.08 2017고단2455
채무자회생및파산에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a director of the company in the dispute resolution committee in Seoul Special Metropolitan City Central District Court in June 21, 2016, who is substantially operating the company resolution committee, and the debtor's dispute resolution committee in Seoul Special Metropolitan City Central District Court is a corporation that has been declared bankrupt and declared bankrupt.

1. Violation of the Debtor Rehabilitation and Bankruptcy Act;

(a) No debtor shall conceal or destroy any property belonging to the bankrupt estate, or make any disposition unfavorable to the creditor, with the intention of seeking his own interest or any other person's interest, regardless of whether it is before or after the declaration of bankruptcy;

Nevertheless, at around 13:58 on June 21, 2016, the bankruptcy administrator D. D., the Defendant opened a new bank account (E) account with the name of the Bank in Songpa-gu Seoul Metropolitan Government or with the name of the Bank in Yong-dong branch, and requested that the credit debtor of the Bank in Songpa-gu account be called “the credit debtor of the Bank in the name of the company in question shall deposit the debt amount to the Bank in the name of the company in the name of the above company”, and concealed the assets that belong to the bankrupt estate by receiving the repayment of the credit from the bank account of the above new bank account opened as shown in the list of crimes in the attached Form from June 22, 2016 to August 10, 2016.

(b) No debtor shall engage in any act concerning the provision of a security or extinguishment of an obligation for the purpose of giving special benefits to any creditor, or does not belong to the debtor's obligations, or the method or time thereof does not belong to the debtor's obligations, knowing the fact that it is the cause of the bankruptcy after the declaration

Nevertheless, the Defendant kept KRW 39,754,792 of the credit credit bonds of the bankruptcy administrator C, as described in Section 1-A, which was transferred by DD, on June 27, 2016, the Defendant committed an act of not falling under the obligor’s obligations by depositing KRW 10 million in one bank account in the name of the F Company G representative G (H) with a view to giving profits to the F Company, which is a creditor of the F Company A.C.

(c)

The debtor, his/her agent, and the director and manager of the debtor.

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