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(영문) 수원지방법원 2016.09.23 2016노3342
채무자회생및파산에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor (misunderstanding of the facts and misapprehension of the legal principles), the court below found the defendant not guilty of the concealment of the obligation to return the lease deposit, despite the fact that the defendant could have concealed the obligation to return the lease deposit.

2. The judgment below held that "the concealment of property" under Article 650 (1) 1 of the Debtor Rehabilitation and Bankruptcy Act refers to making it impossible or difficult to discover the property, and it includes not only cases where the location of the property is unknown but also cases where the ownership of the property is unclear. However, the debtor's submission of a property list, etc. which is not simply passive in his/her own property status while filing a petition for bankruptcy with the court does not constitute "the concealment of property" as stated in the above crime. However, if the defendant filed for bankruptcy and immunity of this case, although he/she had a claim for the return of the deposit of the commercial lease on his/her own, he/she did not constitute "the concealment of property" under the summary list of the property list, even though he/she had a claim for the return of the deposit of the commercial lease on his/her own, and it does not constitute "the concealment of property" for the crime of fraud.

In light of the facts charged, the charges were acquitted.

Examining the judgment of the court below in light of the evidence, the court below’s decision that found the Defendant not guilty is acceptable, and there is no error of law by misunderstanding facts or misunderstanding legal principles as pointed out by the prosecutor in the judgment below, which affected the conclusion of the judgment.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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