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The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
Reasons
1. On November 10, 2004, the Defendant: (a) leased the said apartment from E, the owner of Seongdong-gu Seoul Metropolitan Government D Apartment Complex 701 (hereinafter “instant apartment”); and (b) purchased the instant apartment from E through the husband F, in the name of F, in the name of F, the Defendant purchased the said apartment from the said E through F; (c) on December 3, 2012, the obligation to return the deposit expires by settling the said lease deposit amount of KRW 230 million; and accordingly, (d) when preparing a written divorce agreement with F on December 3, 2013, or when coordinating divorce on March 7, 2014, the Defendant agreed to receive KRW 230 million, including the lease deposit of KRW 230,000,000,000,000 from F.
Nevertheless, on April 20, 2015, the Defendant had commenced a voluntary auction procedure for the instant apartment with the Seoul Eastern District Court H on April 20, 2015, with the intention to demand distribution using the above lease contract which has already lost its effect and to obtain money by fraud.
Accordingly, on June 23, 2015, the Defendant filed a report on the right and a request for distribution with respect to the case of voluntary auction of the above real estate at the Seoul Eastern District Court located in Gwangjin-gu, Seoul, as a lessee who has the right to return KRW 230,000,000,000.
Accordingly, the Defendant, by deceiving the above court on June 17, 2016, intended to receive dividends of KRW 230 million in the above court. However, around that time, the Defendant attempted to acquire money by acquiring money, but did not have the intention to dispute by the mortgagee I et al. by raising an objection and attempted to do so.
2. The fraud of the judgment lawsuit is an offense involving obtaining the other party's property or pecuniary advantage by deceiving the court and obtaining a judgment favorable to him/her. Unless the accused recognizes a crime, the arguments in the lawsuit are objectively apparent or clearly false, or the accused's arguments in the lawsuit are clearly false.