사기
The defendant's appeal is dismissed.
An application filed by an applicant for compensation shall be dismissed.
1. Summary of grounds for appeal;
A. The lower court erred by misapprehending the facts, on February 22, 2012, since the individual rehabilitation procedures against the victim have already been abolished at the time when the Defendant applied for a seizure and collection order for the victim’s benefits, and there was no intention to commit fraud.
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.
2. Determination
A. In light of the following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and the evidence duly admitted and investigated by this court, the Defendant’s assertion is without merit.
① The Defendant lent approximately KRW 15 million to the victim several times from December 9, 2005 to December 27, 2006.
② On January 3, 2006, on the part of the above loans, a notary public, for the amount of five million won among the above loans, set up a notarial deed No. 4 in 2006 and five million won as joint and several sureties F of the victim’s husband in D Law Office, respectively. < Amended by Act No. 7871, Jan. 3, 2006>
③ On September 19, 2006, the victim repaid the principal and interest related to the notarial deed No. 1 of 2006, the Defendant continued to hold the notarial deed No. 1 of 2006 around December 23, 2006, and requested the Gwangju District Court to issue a seizure and collection order of F’s wage claim, which is a joint and several surety, with the sum of KRW 10,924,106, including the principal, interest, expenses, etc., of KRW 5 million, as the claim claim, and received a collection order of F’s wage claim, which is a joint and several surety, from the above court without knowledge of the above repayment.
④ On January 31, 2012, in a criminal complaint case relating to the seizure and collection order of the above 2009TTT 21375, the Defendant prepares a written statement stating that “The seizure and collection order of the claim in the future of the victim shall be adjusted, and all notarial documents shall be arranged,” and it shall be subject to the criminal conciliation by the prosecution.