beta
Text
The defendant shall be innocent.
Reasons
1. No debtor in the facts charged shall conceal any property belonging to the bankrupt estate in order to promote his/her own interest, regardless of whether it is before or after bankruptcy
On April 22, 2014, the Defendant submitted a list of assets to the Seoul Central District Court of Seoul Central District Court 2013, which became final and conclusive in Seoul Central District Court around April 22, 2014. On November 27, 2013, the Defendant stated that no deposit exists even if he/she had 20,209 won deposit in C’s corporate bank account (D) used by the Defendant at the time of application.
Accordingly, the defendant concealed the property belonging to the bankrupt estate in order to promote his own interest before and after the declaration of bankruptcy.
2. In the crime of fraud in the crime of bankruptcy in the judgment, the term “coverage of property” refers to making it impossible or difficult to detect any property, and includes not only cases where the location of property is unknown but also cases where the ownership of property is unclear. However, an act of a debtor, while filing a petition for bankruptcy with a court, submitting a property list, etc., which is not simply passively recorded in his/her own property status, to the court, does not constitute “coverment of property” as stated in the above crime (see Supreme Court Decision 2009Do4008, Jul. 9, 2009). According to the evidence submitted by a prosecutor, it is recognized that the defendant did not state KRW 20,209 of the deposit claim held at the time of filing an application for bankruptcy and exemption with the Seoul Central Court on November 27, 2013.
However, the defendant's act is merely a passive submission of a list of property without stating the property status, and it does not constitute "a concealment of property" under Article 650 of the Debtor Rehabilitation and Bankruptcy Act, and there is no evidence to prove the fact that the defendant had made it impossible or difficult to discover the above deposit claim.
3. Thus, the facts charged in this case are without proof of crime.