사기미수
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of the facts) is that the defendant's assertion is not reliable, while the defendant's statement and evidence corresponding thereto are sufficient to prove the facts charged in this case, the judgment of the court below which acquitted the defendant of the facts.
2. Determination
A. The fraud of a lawsuit is an offense involving deceiving a court to acquire the other party’s property or pecuniary advantage by obtaining a favorable judgment in his favor. The punishment of such a crime is inevitable to inevitably lead to the chilling of the civil trial system that any person may make favorable arguments to himself and receive remedy through a lawsuit. Thus, except in a case where the defendant acknowledged the crime, unless there are such cases as where the difference in the facts in the lawsuit is objectively apparent or the defendant clearly knows that his allegations in the lawsuit are false, or where there is a trace that the defendant attempted to manipulate the evidence, he shall not be easily convicted of him (see, e.g., Supreme Court Decision 2002Do5190, Dec. 10, 2002). (b) The court below explained in detail various circumstances recognized by evidence duly adopted and investigated by the court below under Article 3 through 5 of the court below’s judgment.
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The decision was made. In addition to the fact that the decision of the court below on November 3, 2017 that the defendant filed a civil suit against D (Seoul Southern District Court Decision 2016Gadan214821) and the decision of the court's recommendation for settlement of the defendant on November 3, 2017, the above decision of the court below is just and acceptable, and the prosecutor's allegation of the facts is not accepted.
3. If so, the Prosecutor’s appeal is to be made.