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.

Punishment of the crime

No debtor shall conceal or destroy any property belonging to the foundation of bankruptcy, or dispose of it unfavorably to any creditor, for the purpose of seeking his/her own interest or any other person's interest before or after the declaration of bankruptcy, or impairing creditors.

The Defendant was born to C on October 1, 2010 by the Defendant.

A person who has entered into a joint and several guarantee agreement with the purport to fully repay the loan obligation of KRW 190 million by May 1, 201, but fails to perform the obligation by the due date and is therefore liable to perform the said joint and several guarantee obligation to C.

On August 26, 2013, the Defendant completed the registration of ownership transfer on August 23, 2013 to the Defendant’s mother-friendly E with respect to subparagraph 201 of the Dong-dong, Chungcheongnam-gun, Chungcheongnam-do.

After that, on May 6, 2015, the defendant filed a petition for bankruptcy with the Daejeon District Court on July 22, 2015, which was declared bankrupt on July 22, 2015, and the above decision on June 17, 2016 became final and conclusive.

Accordingly, the defendant, for the purpose of promoting the interest of the defendant or undermining C, has disposed of the property belonging to the bankrupt estate unfavorably to the creditor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Application of the text of the judgment, such as a process certificate, certificate of all matters to be registered, records of personal rehabilitation, records of bankruptcy and exemption from liability, cancellation of fraudulent acts, etc.;

1. Relevant law and Article 650 (1) 1 of the Debtor Rehabilitation and Bankruptcy Act concerning facts constituting an offense, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is that a defendant disposes of the property belonging to the bankrupt estate at a disadvantage of the creditor before the bankruptcy is declared. In light of the legislative intent of the Debtor Rehabilitation and Bankruptcy Act to coordinate the legal relations between the interested parties, such as creditors, and to prevent the abuse of the bankruptcy system