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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendants did not commit deception since they were loans that the Defendants paid to E by mistake in fact, as stated in the written application for payment order.
B. The punishment sentenced by the lower court (a fine of KRW 3 million for Defendant A, and a fine of KRW 1 million for Defendant B) is too unreasonable.
2. Determination
A. On August 21, 2014, the lower court rendered a judgment citing part of the claim of E on the premise that the contract for a self-loan for the building work to be permissible between E and E was concluded, namely, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① a temporary loan agreement and a direct payment agreement between Defendant A and E with respect to the construction work to be allowed in the original judgment; ② a lawsuit was filed against Defendant A regarding the construction work to be permissible; ② a lawsuit was filed against Defendant A for the claim of rent for the temporary installation, in relation to the construction work to be allowed; and the said court rendered a judgment citing part of the claim of E on the premise that the self-loan contract for the building work to be permissible between E and Defendant A was established; ③ Defendant B lent KRW 13.2 million as indicated in the lower judgment to E on February 24, 2014.
The court filed a payment order (Seoul Southern District Court 2014j. 5003) seeking loan payment against E and issued a payment order in accordance with the contents thereof. However, on May 9, 2014, E filed an objection against the above payment order and the decision of rejection became final and conclusive around that time. ④ Defendant B filed a lawsuit claiming re-loan against E on January 13, 2015 (Seoul Southern District Court 2015Gaz. 3943) with respect to the above 13.2 million won (Seoul Southern District Court 2015Gaz. 2015) but the above court ordered Defendant B to lose on June 10, 2015, and Defendant B did not file an appeal, thereby under the same year.
7.7. The above judgment became final and conclusive, and 5. The above 13.2 million won, which can be viewed as a loan, does not exist separately.