A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. On October 15, 2004, the Defendant attempted to commit fraud: (a) the Defendant filed a complaint against the Defendant for fraud; (b) when D, which was already designated and several times of receipt, was arrested; and (c) the Defendant received a payment note of 100 million won to pay for D’s obligation 100 million won from the victim E, who was D’s children, and received the said promissory note as notarized; and (d) received notarial deeds from 2005 to 2008, 100 million won for the said obligation by means of compulsory execution based on the said promissory note; and (b) accordingly, the said notarial

On the other hand, the Defendant received from D a request from D to identify a place at which 100 million won can be discounted together with a bill of promissory note 100 million won (hereinafter “instant promissory note”) issued on February 5, 2004. However, the Defendant did not actually deliver money to D at the discount of the above promissory note, or repaid the discounted amount by the Defendant on behalf of the Defendant.

Nevertheless, on October 15, 2004, the Defendant, upon receiving a promise from the victim to repay D’s debt 100 million won on behalf of 100 million won, by means of the writing of payment along with a promissory note No. 1, the Defendant had the intention of deceiving the court to acquire the winning judgment by deceiving the court by a false assertion that the debt under the letter of payment was incurred separately from the debt under the authentic deed.

피고인은 2009. 4. 29.경 서울 마포구 공덕동에 있는 서울서부지방법원에 피해자를 상대로 약정금청구의 소를 제기하면서, 피고인이 2004. 4. 1.경 D으로부터 이 사건 약속어음의 할인을 의뢰받아 F을 통해 교부받은 할인금을 D에게 건넸고 F에게 할인금 채무를 대신 변제하였기에 D은 피고인에 대하여 구상금 채무가 있었는데, 피해자가 위 구상금 채무를 갚기로 약정하면서 지불각서를 작성한 사실이 있으므로 피해자는 피고인에게 위 1억원의...