At around 15:00 on July 27, 2012, the Defendant received the deposit for the lease from the above apartment complex C, and received two million won, deducting the sum of KRW 500,000,000,000 from the monthly rent of the remaining lease period, the management fee, and the settlement amount of public charges.

Nevertheless, using the fact that he did not prepare a receipt for the receipt of the above money, he again received 2.5 million won after deducting the monthly rent of 500,000 won from the remaining lease term as the return of the deposit for lease by filing civil litigation against D, who is the owner of the above apartment.

Therefore, in the Daegu District Court on October 2012, the Defendant tried to acquire the above KRW 2.5 million by filing a lawsuit claiming the return of lease deposit, which is the Plaintiff F and the Defendant D, to the effect that, through an attorney-at-law affiliated with the Korea Legal Aid Corporation, the Defendant did not receive a refund of KRW 2.5 million after deducting the monthly rent from the monthly rent of 2 months. However, the Defendant did not intend to acquire the above KRW 2.5 million during the course of the lawsuit.

2. A judgment fraud is an offense involving obtaining the other party’s property or pecuniary advantage by deceiving the court and obtaining a favorable judgment for himself/herself. If a judgment of conviction is easily rendered, any person would have to bring about the chilling of the civil trial system that any person may make a favorable assertion to himself/herself and receive remedy through a lawsuit. Thus, unless the defendant has acknowledged a crime, it is objectively apparent that his/her allegations in the lawsuit are different from the facts, or that the defendant has objectively perceived that his/her allegations in the lawsuit are clearly false or attempted to manipulate the evidence.