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(영문) 광주지방법원 2015.05.29 2014고합277
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant

F shall be punished by fine of 5,000,000 won.

Defendant

F If the F does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

T Co., Ltd. (hereinafter referred to as “T”) filed an application for commencement of rehabilitation procedures with the Gwangju District Court on April 1, 2011 and received a decision from the Gwangju District Court on April 1, 201 that no repayment or provision of security shall be made with respect to all monetary obligations arising from the causes prior to April 1, 2011, and that in order to conduct such act, the permission of the court shall be obtained in advance.

After that, on May 12, 2011, Gwangju District Court appointed Defendant F and U as co-manager while deciding to commence rehabilitation proceedings under the Debtor Rehabilitation and Bankruptcy Act with respect to T.

Defendant

F without the permission of the court at the end of November 201, 201, the F gave the direction that “T is issued to V Co., Ltd. (hereinafter “V”) on January 7, 201, and delivered by way of endorsement to V Co., Ltd. (hereinafter “W”), and D upon receipt of such order, paid KRW 110 million to W, a creditor of the said bill, with the funds raised through B on December 6, 2011.

Accordingly, Defendant F was engaged in any act as a receiver in the rehabilitation procedure without obtaining permission from the court.

Summary of Evidence

1. Each statement of a witness A, B, D, and X in the protocol of each trial of the second, third, and five times;

1. Each prosecutor's interrogation protocol on defendants B and D;

1. Statement by the prosecution against D or X;

1. Inspector;

1. A copy of bankbook/Y of the Gwangju Bank;

1. Application of the relevant Acts and subordinate statutes (the court's decision, etc. related to rehabilitation procedures);

1. Relevant Article 648 (1) of the Debtor Rehabilitation and Bankruptcy Act concerning facts constituting an offense and Article 648 (1) 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. Judgment on the assertion by Defendant F and counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is as stated in the facts constituting the crime in light of the following circumstances.

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