사기미수등
All the judgment below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
, however, for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The lower court’s sentence on the Defendant’s assertion of unreasonable sentencing (two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of social service) is too unreasonable.
B. In civil litigation related to the prosecutor's assertion of mistake of facts, regardless of the amount claimed in the cause of claim, the act of the defendant who forged a contract related to this part and submitted it to the court shall be deemed to have commenced the commission of litigation fraud. However, the court below erred by misapprehending the purport of witness N's testimony, accepting the defendant's assertion although the witness M's testimony is not reliable, and thereby acquitted the defendant. Thus, the judgment of the court below is erroneous in the misapprehension of facts and affecting the conclusion of the judgment.
2. Judgment on the prosecutor's assertion of mistake of facts
A. Under the summary of the facts charged, the phrase “a summary of the facts of crime and evidence” of the judgment of the court below is the same as the part additionally inserted in the trial.
B. The relevant legal doctrine fraud is a crime of acquiring the other party’s property or pecuniary advantage by deceiving the court and obtaining a favorable judgment in favor of himself/herself. If a defendant is found guilty, then the 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 a crime is established unless it is evident that the defendant's assertion in the lawsuit is objectively obvious and that the defendant clearly knows that his/her assertion is false or attempted to manipulate the evidence, the defendant shall not be found guilty unless it is found that the crime is established.
The act of filing a lawsuit with the belief that there is a non-existent right due to a mistake in legal evaluation does not constitute a crime of fraud, and the argument in the lawsuit is somewhat true.