사기미수
The defendant's appeal is dismissed.
1. The sales contract between F and G was duly concluded, and the defendant who arranged the contract was brought a lawsuit against F and G for payment of brokerage commission. The defendant's act does not constitute a litigation fraud, since the defendant's act does not constitute a litigation fraud, on the ground that he/she carries out the brokerage business based on evidence, such as the sales contract of this case prepared by F and G, and the confirmation description of the object of brokerage.
2. Determination
A. The relevant legal doctrine fraud is an offense involving acquiring the other party’s property or pecuniary advantage by deceiving the court and obtaining a favorable judgment for himself/herself. The punishment of such a crime is inevitable to lead to the chilling of the civil trial system that any person may make a favorable assertion to himself/herself and receive remedy through a lawsuit. Therefore, unless the accused recognizes a crime, he/she shall not be easily convicted of the defendant, except where the difference in the facts in the lawsuit is objectively apparent or the defendant has objectively recognized that his/her assertion in the lawsuit is clearly false or attempted to manipulate the evidence.
In order to establish a lawsuit fraud, it is insufficient to say that there is no claim as alleged at the time of filing the lawsuit, and it is necessary to recognize the court as deceiving by making a false assertion and proof even though it is well known that there is no claim in the claim, and the act of filing a lawsuit is not a crime of fraud when it is believed that there is a claim that does not exist due to a mistake of facts or a mistake of legal assessment (see, e.g., Supreme Court Decision 2003Do373, May 16, 2003).
In light of the above legal principles, the following circumstances are acknowledged by the health team and the evidence duly admitted and investigated by the court below.