사기미수
All of the appeals by prosecutors are dismissed.
1. An act of a debtor who is in excess of the essential elements of the grounds for appeal to transfer active property to a certain creditor as a substitute for payment to another creditor is an act of deception against the other creditors, and the defendants submitted the pertinent documents as evidence with the knowledge that the documents were falsely prepared in connection with the sale contract. The act of submitting the documents with the knowledge that the disposal is a false document constitutes deception by false evidence manipulation.
Therefore, even though the Defendants should be deemed to have committed the crime of fraud, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The legal doctrine of the fraud of a lawsuit against the defendant who has responded to 1) is an offense with the purport of acquiring the other party's property or pecuniary advantage by deceiving the court and obtaining a judgment favorable to himself/herself. In order to establish the fraud of a lawsuit by the plaintiff, it is insufficient to say that there is no claim as alleged by the plaintiff at the time of the lawsuit, and that in order to establish the fraud of a lawsuit by the plaintiff, the plaintiff must be aware of the court by making a false assertion and proof even though he/she is well aware of the absence of the claim. Likewise, in order to establish the fraud of a lawsuit by the defendant, it is insufficient to say that there is a debt such as the plaintiff's assertion, and even if he/she is well aware of the existence of the claim, he/she should be aware of the court by making a false assertion and false proof (Supreme Court Decision 2003Do333 Decided March 12, 204). The punishment of the fraud of a lawsuit by the plaintiff may inevitably lead to the interruption of a civil trial system, which is a civil dispute.