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Defendants are innocent.
Reasons
At the time of February 18, 2014, Defendant B bears the obligation to borrow KRW 42 million for E, and the obligation to borrow KRW 10.8 million for F as of February 18, 2014, and Defendant B was the spouse of Defendant B and jointly guaranteed each obligation of Defendant B.
As the above financial standing of the Defendants had aggravated, Defendant B filed an application for individual rehabilitation with the Daegu District Court on February 24, 2014, and the decision became final and conclusive on April 16, 2014 as there was no immediate appeal within 14 days from the date the individual rehabilitation procedure commenced and announced.
In addition, on February 25, 2014, Defendant A filed an application for individual rehabilitation with the same court on May 15, 2014, and announced on May 22, 2014, and confirmed that the decision was final and conclusive as there was no immediate appeal within 14 days thereafter. On August 5, 2014, Defendant A filed a petition for bankruptcy with the same court on June 10, 2015, and became final and conclusive as there was no immediate appeal within 14 days thereafter.
The Defendants, while operating the G Agricultural Partnership H Burial site in substance in around 2014, were engaged in transactions in selling seedlings in their own name, and the proceeds therefrom would be used for the repayment of obligations by belonging to the creditors’ property for rehabilitation or bankruptcy foundation. Accordingly, the Defendants offered to receive the sales proceeds from the said proceeds from the said proceeds from the sale to the NA account in the name of the NA, i.e., the Defendants’ children, for the purpose of promoting their interests, and impairing the creditors. Around April 2014, the Defendants concealed the property by receiving KRW 50 million from K to the I account in the name of the NA for the purpose of undermining the creditors.
Accordingly, the Defendants conspired to make their own interest or to conceal their property for the purpose of impairing their creditors, and at the same time the Defendant A concealed the property belonging to the bankrupt estate for the same purpose.
Judgment
1. In light of the records of this case, the following facts can be acknowledged.
(a)..