A. Since the Defendants were unaware of each of the instant claims acquired from H, K, and I (hereinafter “H”) was not aware of false claims, the Defendants did not have any intent to obtain dividends from the victim L, the lower court found the Defendants guilty of the instant charges by misunderstanding the facts.

B. Even if the instant facts charged are found guilty, the sentence of sentence by the lower court (one year of suspended sentence in April) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, the Defendants, who are specialized in the acquisition of claims in the auction procedure, were intentionally aware of the fact that each of the claims of this case was false claims at the time, thereby obtaining the money that the victim L was to receive by fraud.

Since the Defendants’ assertion of mistake is without merit.

The F Co., Ltd. is a company specializing in the acquisition of bonds in the auction process, and the defendant A is a representative director, and the defendant B is a director in the company.

On the other hand, Defendant B also performed the business related to the acquisition of the above bonds, and Defendant B also acquired K’s claims among the bonds of this case.

The sum of each of the claims amount H, etc. of this case is KRW 1,303,00,000, and the Defendants acquired each of the claims amounting to KRW 56,00,000 in total, which is considerably low compared to the original claim amount, there is sufficient room to suspect whether the relevant claim is true and correct.

In addition, even after the distribution of the compulsory auction procedure of this case, it is clearly anticipated that approximately KRW 1,239,00,000 among each of the claims of this case remains, and H et al., without considering all the debtor G whether there exists any other responsible property.