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(영문) 대전지방법원 2018.04.12 2018고단271
채무자회생및파산에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 25, 2014, the Defendant acquired the Defendant’s debt amounting to KRW 50 million against D by acquiring the Defendant’s debt amounting to KRW 50 million, thereby having a debt amounting to KRW 50 million.

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

However, on December 3, 2014, the Defendant registered the registration of the E-observer car in the name of approximately KRW 1,440,000 in the market price owned by the Defendant in Daejeon-dong, Daejeon-dong, without any special reason.

On June 2, 2015, the Defendant filed a petition for bankruptcy with the Daejeon District Court located in Seo-gu Daejeon District Court on September 1, 2015, which became final and conclusive on December 9, 2015.

In this respect, 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 before the declaration of bankruptcy or impairing the creditor's interest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes to each investigation report (referring to the submission of data re-written out in the Pakistan and a court decision making for the submission of suspects);

1. Relevant legal provisions and Article 650 (1) 1 of the Debtor Rehabilitation and Bankruptcy Act concerning facts constituting an offense, and the selection of a fine (see, e.g., confession, reflectivity, and the confirmation of a decision not to grant immunity);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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