채무자회생및파산에관한법률위반
The prosecutor's appeal is dismissed.
The prosecutor asserts that the act of the defendant's omission of a borrowed account constitutes the concealment of property under the Debtor Rehabilitation and Bankruptcy Act.
The lower court determined to the effect that the Defendant’s application for commencement of individual rehabilitation procedures submitted a list of property without simply stating his/her property and revenue status on a passive basis, and thus, it cannot be readily concluded that there was a purpose of undermining the obligee.
The name account omitted by the defendant in the property list is used for the expenditure of the restaurant expenses, and it is intended to conceal the property in the omission of the defendant's account declaration even in comprehensive view of the submitted evidence.
Since it is insufficient to recognize that there was a purpose to harm creditors or to harm creditors, there is no error in the judgment of the court below.
The prosecutor's appeal is dismissed for lack of reason.