사기
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. In fact, the Defendant did not think that his claim against the victim company (hereinafter “original claim”) would be extinguished by taking over the claim against D by the victim company. Accordingly, the Defendant knew that the original claim still exists and known that the entire amount of the original claim exists, and thus, had the intent to commit fraud in the lawsuit, as the Defendant knew that the original claim still exists.
subsection (b) of this section.
B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. The summary of the facts charged is as follows: (a) on August 27, 2015, the Defendant was issued a fair certificate with respect to the claim that is KRW 21,809,610 from the victim Co., Ltd. (hereinafter “victim Co., Ltd”) and was transferred from the victim Co., Ltd. (hereinafter “Co.”); and (b) on October 2, 2015, the notary public received KRW 6,600,000 from the victim Co., Ltd.’s Co., Ltd. and received the claim amount that the victim Co., Ltd. would actually receive from the victim Co., Ltd. (hereinafter “C
1) On October 5, 2015, the Defendant: (a) at the Seoul Central District Court located in Seocho-gu, Seoul, Seocho-gu, Seoul; and (b) even if the Defendant was the victim’s amount of credit to be received from the victim’s company, it is false that the Defendant actually submitted the original copy of the process certificate issued as above to the above court; (c) on Oct. 7, 2015, the Defendant requested the seizure and collection order, and the obligee filed an application for the seizure and collection order with the above court; and (d) on Oct. 7, 2015, on Oct. 7, 2015, the obligee was issued a seizure and collection order with the content that the obligor Company C may claim KRW 21,834,910 against
As above, the Defendant, by deceiving the said court in charge, received a seizure and collection order against the claim 21,834,910 won from the said court, and acquired pecuniary benefits equivalent to KRW 6,600,000 by serving the said collection order on the third debtor on October 13, 2015.
2) The Defendant is the victim on October 16, 2015, with the order of seizure and collection stipulated in the preceding paragraph.