Although it was true that the defendant made a contract with the victim to exempt the victim from the amount of KRW 59,70,000,00 among the construction cost, since the above side contract was invalidated by being discovered to the other land owners in the course of negotiations on the additional construction cost, the defendant filed a lawsuit claiming construction cost based on the legitimate claim against the victim, the judgment of the court below which found the defendant guilty of the charge of attempted lawsuit, is erroneous and adversely affected the conclusion of the judgment.

Judgment

In addition to the facts stated in the preceding part of the "Reasons for Determination of Punishment", the court below committed an act of maintaining a contract with the victim's intent to reduce or exempt construction cost by withdrawing KRW 40 million from the victim F on November 16, 2010 after the defendant agreed to receive additional construction cost of KRW 30 million from the landowners on November 14, 2010, and sending it to the company account. ② One of the landowners stated in the court below that "G was aware of the side contract between the victim and the defendant, but the side contract was not reversed," and the defendant stated to the effect that the contract was not terminated. In particular, the defendant agreed to seek construction cost of KRW 50,000 from the victim's land owner on May 2, 201, and requested construction cost of KRW 20,000,000 to the victim's account.