beta
(영문) 광주지방법원 목포지원 2018.02.09 2016고단1745

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No debtor shall destroy or conceal the debtor's property in a personal rehabilitation procedure with the intention of seeking his/her own interest or any other person or impairing the creditor.

The Defendant filed an individual rehabilitation application with the Gwangju District Court around March 5, 2014 at 2014 798, and received a decision to commence individual rehabilitation procedures from the said court around July 24, 2014, and the said decision became final and conclusive around that time. On October 13, 2014, the Defendant obtained a decision to authorize the repayment plan around October 13, 2014, and made it impracticable or impossible to detect the Defendant’s property by discovering the Defendant’s property by seeking the interest of the debtor or impairing the creditors, upon the decision to authorize the repayment plan around November 13, 2014, for the purpose of promoting the interest of the debtor or impairing the creditors.

Accordingly, the defendant committed an act of concealing the debtor's property for the purpose of promoting his own interest or other person's interest or impairing the creditor.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a personal rehabilitation notice, C Apartment 102, 809, and output of the search site of the Supreme Court;

1. Article 643 subparag. 1 of the Act on the Punishment of Criminal Crimes and Article 643 subparag. 3 subparag. 1 of the Act on the Selection of Debtor Rehabilitation and Bankruptcy [the defendant and his defense counsel asserted that the disposal of the above apartment after the decision of commencement of individual rehabilitation does not constitute an act punishing the above apartment after the decision of commencement of individual rehabilitation. However, Article 643 subparag. 3 subparag. 1 of the above Article 643 of the Act provides that “a person bearing an obligation conceals or damages property or disposes of it to the creditor with the aim of promoting his own