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(영문) 수원지방법원 2017.02.15 2016고단6289
채무자회생및파산에관한법률위반
Text

The defendant shall be innocent.

Reasons

The defendant in the official lawsuit room is a debtor who has operated D (State) as a local subsidiary of the Philippines with interest on the C representative director, and has failed to pay to E, etc. an amount equivalent to 2.6 billion won of investment.

A debtor who has filed for a personal bankruptcy shall not commit any act of concealing property belonging to the bankrupt estate for the purpose of pursuing his/her own interest or any other person's interest, regardless of whether before or after the declaration of the bankruptcy. On January 1, 2015, the defendant filed for bankruptcy with the Suwon District Court and the adjudication of the bankruptcy became final and conclusive on November 26, 2015.

On January 1, 2015, the Defendant filed an application for individual bankruptcy with the Suwon District Court located in Suwon-si, Suwon-si, 120, and omitted the amount equivalent to KRW 1 billion on the site of D (state) holding a subsidiary of the Philippines, equivalent to KRW 40 million, KRW 130,000,000 for screening and accessory equipment, KRW 360,000,000,000 for power generation and related equipment, KRW 264,000,000,000 won, including vehicles and household appliances, and KRW 264,000,000,000 won on the part of the Republic of Korea, and KRW 2,000,000,000,000 won on the part of the Republic of Korea, and KRW 264,000,000,00

Accordingly, the defendant committed an act of concealing property belonging to the bankrupt estate for the purpose of pursuing his own interest or other person's interest.

Judgment

A. The evidence submitted by the prosecution alone proves that the defendant continued to possess the property indicated in the facts charged at the time of the application for personal bankruptcy, and that the defendant's personal bankruptcy case was proved that the defendant's property owned by D (state) as the local subsidiary of the Philippines was the property belonging to the bankrupt foundation.

It is insufficient to view it.

B. In addition, “the concealment of property” under Article 650(1)1 of the Debtor Rehabilitation and Bankruptcy Act refers to making it difficult or difficult to discover any property, and includes not only the case where the location of property is unknown but also the case where the ownership of the property is unclear, but also the case where the debtor simply makes the court file a petition for bankruptcy.

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