사기미수
Defendants are not guilty. The summary of each judgment against the Defendants is publicly announced.
1. On September 5, 2013, the Defendants were sentenced to a suspended sentence of two years on September 13, 2013 by the Daejeon District Court for occupational embezzlement, etc., and the said judgment became final and conclusive on September 13, 2013.
The Defendants conspired with one another for the purpose of acquiring six parcels of the said real estate in the Daejeon District Court located in the Seo-gu Daejeon District Court on October 23, 2012, the Plaintiff as the president of the Daejeon District Court, asserting that six parcels of the said real estate were owned by the Plaintiff as the Plaintiff, and that six parcels of the said real estate were owned by the Plaintiff as the Plaintiff, and that six parcels of the said real estate were owned by the Plaintiff, and that six parcels of the said real estate was received by the Daejeon District Court as a false complaint seeking the registration of ownership transfer of the said six parcels of the said real estate under the Daejeon District Court No. 20155679, Daejeon District Court No. 2012, 2012Ga45679, which was known to the victim, while the Defendants received a false complaint for the registration of ownership transfer of the said six parcels of the said real estate as the victim.
2. Determination
A. The Defendants asserted that each of the instant real estate was aware that it was owned by a clan, and that there was no intention to obtain fraud.
B. A litigation fraud is an offense involving deceiving a court and acquiring a favorable judgment against the court to obtain the other party’s property or pecuniary advantage. The punishment of such a crime is inevitable to inevitably bring about a chilling of the civil trial system that any person may claim favorable arguments for himself/herself and receive remedy through a lawsuit. Thus, unless the accused recognizes a crime, it shall not be easily convicted of the defendant, unless there is any trace that the arguments in the lawsuit are objectively apparent or that the defendant has objectively recognized that his/her arguments in the lawsuit are clearly false or that he/she has attempted to manipulate evidence.
(see, e.g., Supreme Court Decision 2001Do1610, Jun. 28, 2002). Also, for the purpose of establishing litigation fraud, the lawsuit fraud is established.