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(영문) 서울북부지방법원 2018.11.15 2018고단2448
채무자회생및파산에관한법률위반
Text

Defendant

Punishments against A shall be determined by fines of KRW 5,00,00 and fines of KRW 4,00,00 for Defendant B, respectively.

Reasons

Punishment of the crime

Defendant

A and B were recruited by way of leakage and dynamics.

1. On July 23, 2014, Defendant A (Offense of Fraudulent Bankruptcy) filed an application for individual bankruptcy (the lower part of Seoul Bankruptcy Court 2014), and was declared bankrupt on September 18, 2014, and became final and conclusive after Defendant A was declared bankrupt on July 18, 2014.

No debtor may 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, regardless of whether it is before or after the declaration of bankruptcy,

Nevertheless, on February 22, 2013, Defendant A had Defendant B file an assignment order (1705, 127,316,326 won of retirement pay deposited on June 20, 2014, and concealed the property belonging to the bankrupt estate by allowing Defendant B to enforce compulsory execution against KRW 125,87,648, out of KRW 127,316,326 of retirement pay deposited on June 20, 2014.

2. A person who is not a defendant B (Crime of Fraudulent Bankruptcy by Third Party) shall not, regardless of whether it was 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, or exercise any false right as a bankruptcy creditor with the intention of benefiting himself/herself or any other person, with the intention of pursuing his/

Nevertheless, on February 22, 2013, Defendant B, who is the owner of Defendant A, applied for an assignment order (E) to the bank account under the name of Defendant A (E) and concealed the property belonging to the bankrupt estate by enforcing an assignment order for KRW 125,87,648 out of the retirement pay of KRW 127,316,326 deposited on June 20, 2014.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Protocols concerning the interrogation of suspects by the prosecution against the Defendants;

1. Statement made by the police against C;

1. Each investigation report (the prosecutor's direction /D bank reception service center/B, and assignment order account.

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