사기미수
The judgment of the court below is reversed.
The defendant shall be innocent.
1. There is no evidence that C has lent KRW 20 million to the Defendant before May 21, 2017.
C On May 21, 2017, in order for the Defendant to borrow money from the Defendant and prepare a letter, and the Defendant’s wife requests to keep confidential and thereafter C borrowed money from the Defendant, and C did not mention the fact that it borrowed money from the Defendant.
In addition, it is thought that there was a set-off of each other's claims and obligations while settling a loan business. Since then C's wife filed a lawsuit for the loan claim, the defendant also filed a lawsuit to recover the claim.
2. Determination
A. A. Around May 21, 2007, the summary of the facts charged was prepared by the Defendant, on the part of the victim C’s entertainment tavern operated in Seodaemun-gu, Seoul around May 21, 2007, who received a demand from the victim to repay the amount of KRW 20 million that he borrowed prior to the loan from the victim, and the victim, “I would like to recover the amount of KRW 20 million from the mother if I would like to pay the amount of KRW 20 million as if I would have a debt to the party,” and “I would like to borrow the amount of KRW 20 million from the Defendant” (hereinafter “each of the instant papers”), and did not actually lend the amount to KRW 20 million from the victim. However, the Defendant filed a lawsuit against the Defendant on June 1, 2016 against the money that he lent to the Defendant prior to the towing, and was willing to use each of the instant papers to bring an action against the victim.
The Defendant, around June 28, 2016, filed a lawsuit against the victim with the Seoul Mapo-gu Seoul Western District Court to file a claim for the return of the loan with the Seoul Mapo-gu Seoul Western District Court for the return of the loan, and deceiving the court by submitting as evidence the written statement of this case containing the aforementioned false contents, and it did not serve as the wind against the victim, even though he/she obtained a favorable judgment from the above court, intended to acquire 20 million won from the victim, which was tried to lose.