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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Comprehensively taking account of the lawful evidence submitted by the prosecutor, the court below found the defendant not guilty and thereby adversely affected the conclusion of the judgment, even though it is apparent that the defendant had known that he did not have a claim for brokerage commission against the victim F, and applied for the payment order in this case with the awareness of deceiving the court.
B. The punishment (one million won of fine) sentenced by the court below on the offense of insult which the court below found the defendant guilty is too unreasonable.
2. Determination
A. (1) The summary of the facts charged in the instant case is as follows: (a) the Defendant is a person operating the Yong-gu G Licensed Real Estate Agent Office in Ansan-si; and (b) in the Suwon District Court’s Ansan-dong branch located in Ansan-gu, Seosan-si around December 6, 2010, the fact is as follows: (a) the land and building I and J in the Haak-gu, Ansan-gu, Ansan-si (hereinafter “instant real estate”).
() Although there was no fact that the buyer F and the seller mediated the purchase and sale contract at the request of brokerage from K on March 2, 2010, notwithstanding the fact that there was a claim of KRW 5,400,000, which is to receive from the above victim, the above building owner applied for a payment order accompanied by the sale and purchase contract, and the above building owner attempted to deceive the above court that knew of the above fact, thereby deceiving the above court, thereby deceiving the above victim to take money KRW 5,40,00,00 from the above victim. However, the above victim failed to bring an objection against the payment order on December 13, 2010 and did not bring an attempted crime.
(2) A litigation fraud is a crime that obtains a favorable judgment from a court by deceiving the court and thereby acquires the other party’s property or property benefits. If the conviction is easily found, anyone may make an assertion favorable to himself/herself and obtain a remedy for infringement of rights through a lawsuit.