However, the Defendant was aware that at the time he entered into and resided in the tax lease contract No. 401 in the militaryposi, the Defendant was aware of the fact that C provided KRW 95 million out of the deposit for the lease of KRW 150 million, which was in a de facto marital relationship with C, and there was no fact that C provided KRW 95 million to C.

Nevertheless, the Defendant filed a lawsuit as above and attempted to receive KRW 95 million from C by deceiving the court, but on September 11, 2014, the Defendant submitted a written withdrawal of the lawsuit on September 11, 2014, but the other party (Defendant C) submitted a written consent to the withdrawal of the lawsuit on September 25, 2014, and thereafter both parties were absent on two occasions on the date for pleading and concluded as the withdrawal on January 6, 2015.

There was an attempted attempt.

2. Determination

A. A. A litigation fraud is a crime that acquires the other party’s property or property interest by deceiving the court and obtaining a favorable judgment in favor of himself/herself. If a defendant is found guilty, any person would have to make a favorable assertion to himself/herself and bring about the chilling of the civil trial system that is entitled to remedy the right through the lawsuit. Thus, unless it is evident that the facts in the lawsuit are different from the facts and that the defendant has objectively recognized that his/her assertion was clearly false or attempted to manipulate the evidence, the defendant shall not be found guilty unless it is evident that the crime has been established, and the facts of a mistake are simply recognized.

The act of filing a lawsuit with the belief that there is a non-existent right due to a mistake in legal evaluation constitutes a fraud.