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All of the appeals by prosecutors are dismissed.
Reasons
1. Summary of the Reasons for Appeal: The court below acquitted the Defendants of the amount equivalent to the dividend, since the Defendants obtained a compulsory execution on the property owned by the victim with the invalid title of execution, which affected the conclusion of the judgment by misunderstanding the facts.
2. Determination
A. The summary of the facts charged 1) On April 15, 2013, the Defendants were granted the execution clause to enforce compulsory execution against the Victim H under the name of the Defendant in the Daejeon District Court’s Red Support around March 14, 2013, using the fact that the effectiveness of the payment order based on false claims equivalent to KRW 91 million in principal has not been extinguished.
4. 15. Execution of compulsory execution, such as seizure of home appliances and household appliances owned by the victim and household appliances at the victim's residence;
5. Around 30.30. Around 30.m., he received the successful bid price of KRW 1,592,80 for the above household appliances, etc. and acquired them by fraud.
2) On June 18, 2015, the Defendants were subject to a succession execution under Defendant B’s name with respect to the execution based on a payment order based on a false claim amounting to KRW 91 million with the principal amount. On June 9, 2015, the Daejeon District Court of Hongsung Branch Branch of the Daejeon District Court on June 9, 2015, on the basis of a payment order based on a fraudulent claim amounting to KRW 91 million with respect
6. 18. Execution of compulsory execution, such as seizure of home appliances owned by the victim in the residence of the victim, and the same year;
7. At around 16.16. Around 16.10, he received the successful bid price of KRW 1,686,740 for the above household appliances and acquired them by deceit.
B. The lower court determined that, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated as well as the site, method, content, and preparation of the loan certificates of this case, the claim that served as the cause of the claim for the instant payment order was null and void or invalidated at the time of committing the instant crime.
It is difficult to conclude and otherwise submit to the prosecutor.