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(영문) 청주지방법원 2017.03.30 2017고정79
채무자회생및파산에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Defendant

A is a person who operates an oriental medicine bank.

No act, regardless of whether it is before or after the declaration of a debtor's bankruptcy, may conceal or destroy any property belonging to the bankrupt estate, or dispose of it unfavorably to any creditor, with the intention of seeking his own interest or any other person

Nevertheless, on May 16, 201, the Defendant reported income on May 16, 201 to the Cheongju District Court on May 62, 201, in order to avoid the personal rehabilitation procedure prior to the declaration of bankruptcy, and concealed the income above the amount of income reported, and made the Cheongju District Court to grant immunity as of October 15, 201.

Therefore, the defendant committed an act to conceal the property belonging to the bankrupt estate and dispose of it disadvantageously so that C may not receive the debt, with a view to not paying the debt to C.

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statement Statement;

1. Application of the Acts and subordinate statutes governing the revocation of immunity;

1. Article 650 (1) 1 of the Debtor Rehabilitation and Bankruptcy Act applicable to the facts constituting an offense, and Article 650 (1) 1 of the same Act and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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