The defendant shall be innocent.

1. No debtor shall, prior to or after the declaration of bankruptcy, conceal or destroy any property belonging to the bankrupt estate, or make any creditor disadvantageously dispose of such property with the intention of seeking his own interest or any other person's interest, or impairing the creditor;

Nevertheless, around July 14, 2015, the Defendant filed a petition for bankruptcy against the Defendant at the Incheon District Court located in 163, Nam-gu, Incheon Metropolitan City, 163, 2015, 3670, at the order of 2015, and tried to conceal the assets belonging to the bankrupt estate and to harm the creditor’s interest by concealing the assets belonging to the bankrupt estate. The Defendant omitted the Defendant’s name in the list of the assets of the above bankruptcy petition case.

Accordingly, the defendant concealed the property belonging to the bankrupt estate.

2. Determination

A. The relevant legal principles stated in the crime of fraudulent bankruptcy under Article 366 (1) of the former Bankruptcy Act (amended by Act No. 7428 of Mar. 31, 2005) include not only the case where it is impossible or difficult to discover the property, but also the case where the ownership of the property is unclear, and also the case where the debtor makes it unclear. However, the act where the debtor submits to the court a list, etc. of property which is not simply passively stated in his/her own property status while filing a petition for bankruptcy at the court does not constitute "the concealment of property" as stated in the above crime (see Supreme Court Decision 2008Do6950, Jan. 30, 2009). Such legal principles are identical to the interpretation of "property concealment" under Article 650 (1) 1 of the Debtor Rehabilitation and Bankruptcy Act, which takes the same legal form.

B. The prosecutor’s specific judgment in the instant case is a trust apartment under the name of the Defendant, who actually owns his own property while filing a petition for bankruptcy.