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The defendant shall be innocent.
Reasons
1. On March 31, 2014, the Defendant filed an application for bankruptcy and exemption with the Seoul Central District Court and received a decision of immunity from the above court on February 2, 2015, and the said decision became final and conclusive on March 24, 2015.
On March 2012, the Defendant: (a) expressed that, around March 3, 2012, he/she had a mind to secure C’s claim for return of investment deposit in which he/she invested KRW 30 million in the safe store operated by the Defendant; and (b) filed an application for bankruptcy and exemption with the above court on March 31, 2014; and (c) stated that, despite the existence of KRW 50,000,000 as to the claim for return of the lease deposit to the safe store located on the Dobong-gu Seoul Metropolitan Government D1 floor, the leased deposit on
Accordingly, the defendant, while filing a petition for bankruptcy, concealed assets belonging to the bankrupt estate in order to promote the interests of the defendant and C.
2. Determination
A. Article 650 (1) 1 of the Debtor Rehabilitation and Bankruptcy Act (the prosecutor stated the provisions applicable to the indictment as "Article 643 (1) 1", but this appears to be a clerical error in Article 650 (1) 1 of the Debtor Rehabilitation and Bankruptcy Act) provides for the crime of fraudulent bankruptcy as stipulated under Article 650 (1) 1 of the Debtor Rehabilitation and Bankruptcy Act. It also includes not only cases where the discovery of property is impossible or difficult, but also cases where the ownership of property is unclear.
However, an obligor’s submission of a property list, etc. without simply stating his/her own property status in a court’s petition for bankruptcy cannot be deemed as “the concealment of property” as stated in the above crime (see Supreme Court Decision 2009Do4008, Jul. 9, 2009, etc.). (B) In light of the above legal principles, the health stand in the instant case; according to the evidence submitted by the prosecutor, the Defendant filed an application for bankruptcy and exemption as stated in the facts charged, and even if there was a claim for return of a lease deposit to the safe store, the Defendant did not “no” in the column of the lease guarantee fee in the summary of the property list.