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The defendant shall be innocent.
Reasons
1. Around July 2011, the Defendant, in the Gwanak-gu Seoul Special Metropolitan City, operated a PC with creditors C, and borrowed KRW 80 million from the above C as investment funds and operating funds.
On the other hand, the debtor shall not damage or conceal the debtor's property or dispose of it unfavorably to the rehabilitation creditor, etc. for the purpose of promoting his/her own interest or others or impairing the creditor.
Nevertheless, on April 7, 2015, the Defendant filed an individual rehabilitation application (as of 2015, 57617) with the Seoul Central District Court (as of 2015, 57617), and failed to file a report despite the remainder of KRW 29,59,558 in the name of the national bank (E) in the name of the borrowed account actually used by the Defendant on the inventory of property, which became final and conclusive on February 29, 2016.
Accordingly, the defendant concealed his property for the purpose of promoting his own interest or other person's interest, or impairing the creditor.
2. In the crime of fraudulent individual rehabilitation under Article 643 (3) 1 of the Debtor Rehabilitation and Bankruptcy Act, the phrase “the concealment of property” refers to making it impossible or difficult to discover the property, and includes not only the case where the location of the property is unknown but also the case where the ownership of the property is unclear. However, the debtor’s submission of a property list, etc. which was not simply passive in stating his/her own property and import status at the time of filing an application for commencement of individual rehabilitation procedures with the court does not constitute “the concealment of property” as stated in the above crime.
(See Supreme Court Decision 2010Do2752 Decided May 13, 2010, and Supreme Court Decision 2008Do6950 Decided January 30, 2009, etc.), following the record: (a) the Defendant used the instant account under the name of Dong Jae from April 7, 2015, which was around 22 months before the filing date of the instant individual rehabilitation application, from April 7, 2015 to June 2013; and (b) is a restaurant for livelihood and debt repayment.