사기미수
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding the facts by the Defendant) did not sell to D on March 4, 198, E E field 8,995 square meters (hereinafter “instant land”). The Defendant merely filed a lawsuit seeking cancellation of ownership transfer registration on the ground that D would bring about ownership of the instant land based on the contract that the Defendant did not prepare, and did not intend to acquire the instant land by deceiving the court.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. The purpose of the judgment fraud is to induce a court to defraud a third party’s property by deceiving a third party. In order to recognize it as a fraud, it is insufficient to say that there is no right as alleged at the time of filing the lawsuit, which is not sufficient to say that there is no right to claim, and that the court is deceiving by means of false assertion and proof even if it is well aware that there is no right
In a case where there is an intention to deceive a court by filing a false lawsuit with a false content, deceiving the court would be a means of deception if the allegations by the parties are sufficient to deceive the court even if the false evidence is not used (see Supreme Court Decision 2011Do7262, Sept. 8, 2011, etc.). In full view of the following circumstances, which can be recognized by the evidence duly adopted and investigated by the court below, the Defendant did not merely have filed a lawsuit with the belief that he/she is aware of a right not to exist due to a mistake of facts or a mistake of legal assessment, but rather has the awareness of deceiving the court by making a false assertion with the knowledge that he/she did not have any right to the victim at the time of filing the lawsuit, by means of a false assertion and proof
(1) The victim against the Defendant and the Defendant’s wife AV.