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1. The defendant shall be punished by a fine of four million won;
2. If the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On July 6, 2007, the Defendant concealed the property of the bankrupt estate filed an application for bankruptcy with the former District Court at the Jeonju District Court located in 25, Jeonjin-gu, Jeonjin-gu, Seoul, Seoul, under the lower part of 2007, under the lower part of 2706. On January 21, 2008, the Defendant omitted the asset of the deposit money from the list of the property of the above bankruptcy case, even though he operated the “C” restaurant with the money of KRW 30 million from around January 21, 2008.
The defendant filed a petition for bankruptcy with a list of assets omitted as above, and on April 29, 2008, the above court was declared bankrupt, and the decision became final and conclusive on May 14, 2008.
In this respect, the defendant concealed the property belonging to the bankrupt estate for the purpose of seeking his own interest or impairing the creditors, and the declaration of bankruptcy was finally affirmed.
2. On September 2016, the Defendant: (a) arbitrarily examined the text message stored in the “E” restaurant located in Busan Dong-gu, Busan; and (b) recorded the text message stored in the Plaintiff F’s cell phone call.
Accordingly, the defendant infringed another's secret processed and stored through the information and communications network.
Summary of Evidence
1. Statement by the defendant in court;
2. Part concerning the statement of F in the second-time police interrogation protocol against the accused;
3. A protocol concerning the examination of the police officer in G;
4. Each police statement made to F and H:
5. Application of Acts and subordinate statutes to the complaint;
1. Relevant Article of the Act and the choice of punishment for the crime;
(a) The concealment of assets of the bankrupt estate: Article 650 (1) 1 of the Debtor Rehabilitation and Bankruptcy Act (elective selection of punishment);
(b) A violation of confidentiality of information and communications networks: Articles 71 (1) 11 and 49 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc.;
2. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment prescribed in a violation of the Debtor Rehabilitation and Bankruptcy Act heavier than punishment).
3. Determination as to the defense counsel’s assertion under Articles 70(1) and 69(2) of the Criminal Act, which are confined in a workhouse
1. The summary of the claim.