사기
The defendant shall be innocent.
1. Around June 21, 2007, the Defendant: (a) entered into a contract to sell KRW 270,000,059 square meters of the instant forest C forest (hereinafter “instant forest”) to the victim D at KRW 270,000; and (b) on August 20, 2007, the Defendant received KRW 219,560,000 from the victim under the name of the balance of the purchase and sale; (c) on January 23, 2013, the Daejeon District Court: (a) submitted a complaint to the effect that “the victim did not pay KRW 219,560,00,000, such as the balance of the purchase and sale, to the Defendant; and (d) obtained pecuniary benefits equivalent to the said amount after obtaining a favorable judgment from the said court.”
2. The gist of the defendant's and his defense counsel's assertion is that the defendant did not receive any balance of the past memory due to a long-term passage of more than five years, old age, alcohol dementia, etc., and the defendant only filed the civil lawsuit of this case, and there was no intention of deceiving the court to acquire money by deceiving the defendant.
3. Determination
A. The burden of proving the facts constituting an offense prosecuted in the relevant legal doctrine criminal trial is the prosecutor, and the conviction of guilt is based on the evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, the doubt of guilt against the defendant is doubtful even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant, and the lawsuit fraud is a crime that seeks to acquire the other party's property or property benefits by deceiving the court and obtaining a favorable judgment in favor of him/her. The punishment of it inevitably brings about the chilling of the civil trial system that anyone is entitled to remedy for infringement of rights through a lawsuit. Therefore, except where the defendant has recognized the crime, his/her arguments in the lawsuit are true.