Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

Around February 27, 2006, the Defendant prepared a notarial deed to pay KRW 198 million to C, but failed to pay it, which was subject to seizure and collection from C on January 2008, and filed an application for commencement of individual rehabilitation procedures with the Busan District Court around April 18, 2008.

Around April 18, 2008, the Defendant applied for commencement of individual rehabilitation procedures as Busan District Court 2008Da17244, the Defendant borrowed 60 million won from creditors D on or around June 3, 2005, borrowed 10 million won on or around June 21, 2005, borrowed 70 million won on or around June 21, 2005, and repaid 30 million won on or around July 14, 2005, and paid 30 million won with D’s principal claim. However, the Defendant decided to commence rehabilitation procedures on July 23, 2008, in order to enable D to receive a large amount of money in the rehabilitation procedure, by entering a list of individual rehabilitation creditors, to the effect that “D’ principal claim is KRW 7 million,000,000,000,000,000 won.” Accordingly, the Defendant decided to commence rehabilitation procedures against the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each police suspect examination protocol against the accused;

1. Statement of the police statement regarding C;

1. A written application for commencing individual rehabilitation procedures, a draft repayment plan, a notice of commencement of individual rehabilitation procedures and a statement of the estimated amount of individual rehabilitation claims;

1. Application of Acts and subordinate statutes on details of self-deposit transactions;

1. Relevant Article 643 (1) 2 of the Debtor Rehabilitation and Bankruptcy Act concerning facts constituting an offense and Article 643 (1) 2 of the same Act concerning the option of a penalty;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant did not have any intention to obtain false claims with false creditors, and there was no intention to harm other creditors.

2. The following circumstances revealed by each of the above evidence, i.e., the Defendant applied for the commencement of the individual rehabilitation procedure of this case.