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(영문) 서울남부지방법원 2018.01.26 2016고정2160

채무자회생및파산에관한법률위반

Text

The defendant shall be innocent.

Reasons

1. The act of concealing property by a person liable to the charges of this case for the purpose of pursuing his/her own interest or another person's interest or impairing his/her creditor, and the decision to commence rehabilitation proceedings shall not become final and conclusive with respect

Nevertheless, on February 21, 2014, before the application for individual rehabilitation procedure commencement, the Defendant received allowances from “C” from around February 21, 2014, from “C”, such as receiving allowances from Defendant’s spouse to a bank account in the name of D’s spouse, but, in order to avoid repayment of KRW 140,463,296, the Defendant filed an application for individual rehabilitation procedure commencement with the Seoul Central District Court on May 29, 2014 at KRW 109498, which did not state the above allowances, and submitted an application to the competent division for which the decision to commence the procedure for individual rehabilitation became final and conclusive, and it is difficult for the Defendant to receive the Defendant’s total amount of allowances from “C” to “140,463,296, or 297, 2015, as shown in the separate list of crimes, until August 7, 2015.

In this respect, the defendant concealed property for the purpose of promoting his own interest as the debtor or impairing the creditor, and the decision to commence the rehabilitation procedure becomes final and conclusive.

2. We examine whether the defendant had "the purpose of pursuing his own interest as a person responsible for an obligation or impairing the creditor" and "the intention of concealing an asset" under Article 643 (1) of the Debtor Rehabilitation and Bankruptcy Act.

According to the records, the defendant before and after the application for personal rehabilitation, C health center with E.