On September 7, 2017, the Defendant received the order of seizure and collection from the Suwon District Court 2017TTTT 7496 as executive title. On September 26, 201, the Defendant collected KRW 8,285,982 from the account of the victim’s CB bank to the sum of the above KRW 7,280,654 and interest.

Therefore, despite the extinction of all of the monetary claims based on the above judgment, the defendant applied for compulsory execution against the victim again on March 19, 2018 as executive title, which was still valid. On April 4, 2018, Suwon District Court D attached the kimchi cooling house, etc. owned by the victim.

Ultimately, while the Defendant, by deceiving the court, attempted to defraud the above kimchi cooling which is owned by the victim, the Defendant immediately filed a lawsuit of demurrer against the claim that the victim would not be subject to compulsory execution based on the above judgment with the Suwon District Court 2018Gahap1475, and the Defendant did not commit an attempted crime by rendering a judgment with the same purport at the Suwon District Court on June 12, 2018.

2. A judgment fraud is an offense involving acquiring the other party’s property or pecuniary advantage by deceiving the court and obtaining a judgment favorable to himself/herself. In order to establish a lawsuit fraud, it is insufficient to say that there is no claim as alleged at the time of the lawsuit fraud. The mere fact that there is no claim as alleged in the lawsuit fraud is insufficient, and the court should be aware of the fact that there is no claim in the lawsuit by being aware of the fact

(see, e.g., Supreme Court Decision 2009Do9982, Dec. 10, 2009). According to the evidence duly adopted and examined by this court, the Defendant is a law firm E.