사기미수
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is 1.5 million won, which the defendant remitted to the victim C on April 16, 2007, and since the defendant, including Seosan-si D land (hereinafter “instant land”), and C were the object of recovery by specifying 1/2 shares of each of the 15 parcels of land (hereinafter “the instant land”) that he/she was the object of recovery by being designated as He/she was the object of He/she in advance, it is erroneous in the judgment of the court below which found the defendant guilty of the facts charged in this case by misapprehending the fact that he/she believed C as necessary for filing an application for ownership transfer registration under the former Act on Special Measures for the Registration, etc. of Ownership Transfer (amended by Act No. 7500 of May 26, 2005) and sent to C, and the content stated in the written application for the payment order as of April 19, 2011.
2. Determination
A. The purpose of fraud is to induce a court to defraud a third party’s property by deceiving the court. It is insufficient to recognize fraud as a crime of fraud by stating that there is no right as alleged at the time of the lawsuit does not exist. Although it is sufficiently known that there is no right to assert, it is necessary to deceiving the court by means of false assertion and proof even if it is well known that there is no right to assert. However, deceiving the court in a case where there is an intentional intent to deceive the court by applying for a payment order with false contents, even if it is not necessarily a use of false evidence, would be a means of deception if it is sufficient to deceive the court’s arguments (see, e.g., Supreme Court Decision 2002Do4151, Jun. 24, 20
Based on the above legal doctrine, the following circumstances, i.e., the evidence duly adopted and examined by the court below, namely, ① the above KRW 1.5 million, not the money necessary for the registration of transfer of ownership on the instant land, but the Defendant and C, on the instant land.