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The judgment below
Part of the attempted fraud shall be reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The defendant above.
Reasons
1. Summary of grounds for appeal;
A. The fraudulent part D consistently states, from the investigative agency to the court of the court below, that "the defendant can win conditions in the civil procedure with K in connection with the registration of provisional seizure completed on the real estate of this case, and even if the defendant lost, he can agree to pay only KRW 150 million to K, who is the person holding the provisional seizure, for which KRW 150 million is KRW 455 million, and among them, KRW 300 million shall be paid first to the defendant, and the remaining KRW 1550 million shall be paid in advance to K when the provisional seizure lawsuit is lost, and the provisional seizure registration shall be cancelled at the time of the loss of the provisional seizure lawsuit," the purchase price stated in the terms and conditions of the real estate sales contract shall be KRW 455 million or the defendant's self-written statement shall be " KRW 300 million,000,000,000, which corresponds to the victim's statement, thereby misleading the facts of this part of the facts charged, which affected the conclusion of the judgment.
B. It should be deemed that there was an express agreement between the Defendant and D on the resolution of provisional attachment and the risk burden at the time of concluding a sales contract. The Defendant stated in the prosecution that D had concluded a contract with the amount of KRW 300 million to bear KRW 500 million as the provisional attachment obligation. In a civil lawsuit between the Defendant and the provisional attachment obligee against the Defendant, the Defendant lost the Defendant, on October 26, 2010, subrogated for KRW 400 million to K on October 26, 2010, when approximately one year and five months elapsed from the date of revoking the compulsory auction of the real estate requested by K on October 28, 2010, which was around one year and five months from the date of revoking the compulsory auction of the real estate requested by K.