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(영문) 인천지방법원 부천지원 2019.08.13 2019고단1474
채무자회생및파산에관한법률위반
Text

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

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The debtor shall not, with the intention of seeking his own interest or any other person, regardless of whether he has yet to be declared bankrupt or impairing the creditor, conceal or destroy any property belonging to the bankrupt estate, or dispose of it unfavorably to the creditor.

The defendant filed for bankruptcy with the Seoul Rehabilitation Court on January 17, 2018, and the same year.

4. On the 16th day of the same month, a ruling of bankruptcy was rendered by the same court, and the above declaration of bankruptcy became final and conclusive on the 23th day of the same month.

On September 26, 2016, the Defendant sold 90,000,000 won in transaction D with respect to B Housing C, which is owned by the Defendant, to the Seoul Rehabilitation Court, and filed for registration of transfer of ownership in D’s name. On January 17, 2018, the Defendant concealed the property that belongs to the bankrupt estate by failing to enter the said real estate in the “property list” column for the purpose of undermining creditors while filing for bankruptcy with the Seoul Rehabilitation Court.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E, F, and D;

1. A copy of a written decision, full certificate of registered matters, statement of recognition and recognition, written decision, each of the judgment, bankruptcy and exemption application, and copy of apartment sales contract;

1. Application of Acts and subordinate statutes concerning investigation reports (whether bankruptcy declaration becomes final and conclusive);

1. Relevant Article 650 (1) 1 of the Act on the Selection of Debtor, Rehabilitation and Bankruptcy concerning facts constituting an offense, and Article 650 (1) 1 of the same Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is against the defendant's acknowledgement of facts constituting a crime, the motive and circumstance for the crime of this case, the real estate subject to concealment has been restored to a bankrupt's estate through related civil litigation, etc., and the fact that the defendant falsely transferred real estate subject to criminal facts as indicated in the judgment with intent to escape compulsory execution was already prosecuted, and it was already prosecuted on October 24, 2018.

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