1. The fraud of a lawsuit is a crime involving the acquisition of the other party's property or pecuniary advantage by deceiving the court in favor of him/her and obtaining a judgment favorable to him/her. Even if the defendant is not only the plaintiff in active lawsuit but also the defendant in defensive position, in cases where the court is deprived of performance of obligations by deceiving the court through active methods, such as preparing false documents, submitting evidence, or perjury, and where the court is relieved of performance of obligations by receiving a final and conclusive judgment in favor of him/her, fraud is established as to the amount equivalent to the value

In that case, there is a commencement of the crime of fraud when the court has had the intention to deceiving the court by actively means and has presented the written reply containing the false content as evidence, or the submission of the written reply containing the assertion in that manner.

On February 27, 1998, the court below held the defendant's response to the purport that the defendant was a legitimate act, as he was subject to a lawsuit claiming damages from the injured party by taking a sponsive measure against the injured party, which led to a resolution at an extraordinary general meeting of the merchants' meeting as stated in the judgment below.

Along with the extraordinary general meeting claimed, 60 merchants, who had been created for another purpose irrelevant to the claimed special general meeting, fabricated evidence by means of attaching the minutes of the extraordinary general meeting, thereby resulting in the commencement of the fraud of the lawsuit.

The judgment of the first instance court which found the Defendant guilty of the instant facts charged was affirmed as it is.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court’s aforementioned determination is justifiable based on the legal doctrine as seen earlier.

Contrary to the allegations in the grounds of appeal, there is no error by misapprehending the legal principles on deception and criminal intent in the litigation fraud, thereby affecting the conclusion of the judgment.

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