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(영문) 서울북부지방법원 2017.09.27 2017고단1580
채무자회생및파산에관한법률위반등
Text

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

Reasons

Punishment of the crime

On July 8, 2009, the Defendant was sentenced to a civil judgment of the Chuncheon District Court, which rendered a payment of KRW 110,007,002 to the victim C, and the above judgment became final and conclusive on July 28, 2009, and had the victim bear the obligation to pay the same amount.

1. Evasion of compulsory execution;

A. On November 15, 2013, the Defendant evaded compulsory execution on the part of the Defendant on November 15, 2013, 2013, invested KRW 157,80,000,000,000 and KRW 125,770,000,000 each, and decided to jointly accept the said EM in G, but the F independently acquired the said EM in order to avoid the victim’s compulsory execution due to the said civil final and conclusive judgment, the Defendant had the said EM completed the registration of transfer of ownership in the said EM in the future.

Accordingly, the defendant concealed the defendant's property for the purpose of evading compulsory execution.

B. On March 25, 2016, the Defendant evaded compulsory execution on and around March 25, 2016, the Defendant: (a) recovered the Defendant’s investment funds from the said Eel; (b) and (c) intended to evade compulsory execution by the victim due to the said civil final and conclusive judgment; and (d) ordered F to transfer the funds to a new bank account in the name of the Defendant’s birth.

Since then, the Defendant transferred KRW 40 million to the account in the name of the above H, KRW 10 million around March 26, 2016, and KRW 40 million around March 28, 2016, to KRW 90,000,000,000 around March 28, 2016.

Accordingly, the defendant concealed the defendant's property for the purpose of evading compulsory execution.

2. A defendant who violated the Debtor Rehabilitation and Bankruptcy Act shall file a petition for bankruptcy with the Seoul Central District Court located in Seocho-gu Seoul on December 2, 2014 and is declared bankrupt on March 19, 2015, and shall not, regardless of whether he/she is before or after the declaration of bankruptcy, conceal or destroy any property belonging to the foundation of bankruptcy or make any disposition unfavorable to any creditor with the intention of promoting his/her own interest or any other person or impairing the creditor.

Nevertheless, there is a need to do so.

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