사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. In light of the fact that the Defendant lent KRW 153,50,000 to the victim on June 23, 2001 and the victim recognized it, the Defendant determined the settlement amount that the victim should pay to the Defendant in consideration of the above amount as KRW 271,00,000. Accordingly, the Defendant’s filing a lawsuit claiming settlement with the Suwon District Court cannot be a litigation fraud. Thus, the lower court found the Defendant guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. In light of the overall sentencing conditions of the instant case, the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts may be acknowledged. ① The Defendant and the victim D (Death, January 3, 201), around around 2001, refers to the Plaintiff and the victim of Gyeonggi E-gun E 3,306 square meters (hereinafter “instant land”).
After the joint purchase, the victim and the defendant newly built one bath building and one commercial building on the above land. The defendant was in charge of practical affairs related to the four new construction works of the above building, and the defendant was to receive and settle the construction cost for the building to be owned by the victim. ② On December 17, 2003, after the completion of the said new construction, the defendant was to pay the victim the amount of KRW 1,536,850,000, which is to be paid to the defendant by the victim, and the statement of settlement prepared (hereinafter “the settlement statement of this case”) by classifying the amount of KRW 1,265,70,000, which the defendant received from the victim.
(2) The Defendant agreed to settle the above construction cost by paying KRW 271,00,000,000, which is the difference to the Defendant as stated in the above settlement statement (hereinafter “instant settlement agreement”).
(3) The defendant.