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(영문) 서울중앙지방법원 2014.06.18 2014고단732
채무자회생및파산에관한법률위반
Text

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

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

Reasons

Punishment of the crime

From November 4, 2005 to May 19, 201, the Defendant served as the representative director of E (hereinafter referred to as “E”) for the development, manufacture, and sales of functional films in Suwon-si D, Suwon-si, and continued to work in E after May 20, 201.

1. In cases of an individual rehabilitation case, the act of destroying or concealing the debtor's property for the purpose of seeking his/her own interest or any other person's interest or impairing the creditor and the debtor shall not be finally decided to commence the rehabilitation procedures;

On November 9, 2009, the Defendant entered into a housing lease agreement with the lessor F and Yong-si G202 as the Defendant with the intent of seeking the benefit of the Defendant who is the debtor, or impairing the creditors, with the lessee at KRW 15 million (1.5 million in the contract amount, KRW 1.5 million in the balance, KRW 13.5 million in the monthly rent, and KRW 15 million in the monthly rent, and monthly rent to the above F and KRW 202, despite the actual residence in the above 202, the lessee’s name in the above housing lease agreement was changed to H on October 31, 201, and (2) it was difficult to enter H in the individual rehabilitation procedure of the Defendant residing in the United States while working in the Seocho-gu as the employee of the Defendant, and it was difficult to discover the Defendant’s property in the name of the Seoul Central District Court or to deposit the Defendant’s property in the name of the Defendant with the Defendant’s account at KRW 28,201.

2. The court and the rehabilitation commissioner, in the case of an individual rehabilitation case involving any false report; and

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