사기미수
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is that the Defendant did not have a mutually agreed note with D at the time of filing a lawsuit for a loan claim with D in 2009, and that the Defendant borrowed a large amount of money to others, etc. In short, the Defendant was unable to memory each of the above contents. Even according to the content of the mutual agreed note, there was a claim of KRW 25 million against D, and thus, the Defendant’s intentional act is not acknowledged.
Nevertheless, the court below found the defendant guilty. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.
2. A judgment fraud is an offense involving acquiring the other party’s property or pecuniary advantage by deceiving the court and obtaining a favorable judgment in his favor. The punishment inevitably leads to the chilling of the civil trial system that any person may seek favorable benefit to himself and receive remedy through a lawsuit. Thus, except in a case where the defendant acknowledged a crime, the defendant shall not be easily convicted of committing a crime except in such cases as where the difference in the facts is objectively apparent or the defendant has objectively recognized that his allegations in the lawsuit are clearly false or has attempted to manipulate evidence (see, e.g., Supreme Court Decisions 2001Do1610, Jun. 28, 2002; 2002Do5190, Dec. 10, 2002; 2003Do373, May 16, 2003).