사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal can not be readily concluded that there was money transaction among the Defendants solely based on the fact that there was the details of cash or check from Defendant B’s passbook at the time of monetary transaction alleged by the Defendants, and that there was a money transaction among the Defendants, the Defendants’ statement about part of the debt amount is contradictory to Defendant A, lack of consistency in Defendant A’s statement on the loan amount, and Defendant A filed a lawsuit to refund the lease deposit against Defendant A, and Defendant A got involved in the registration of the establishment of a neighboring mortgage against Defendant A, as stated in the facts charged in the instant case, sufficiently recognized the fact that the Defendants conspired in collusion with the Defendants to commit fraud by deceiving the court
The judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.
2. Determination
A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.
Even if there is no choice but to determine the interest of a defendant, and a lawsuit fraud is an offense with the content of acquiring the other party's property or property interest by deceiving the court and obtaining a favorable judgment against him/her. It inevitably leads to the chilling of the civil trial system that anyone is entitled to remedy for infringement of his/her rights through a lawsuit. Therefore, unless the defendant recognizes a crime, it is objectively obvious that the facts in the lawsuit are different from facts or that the defendant has already known that his/her assertion in the lawsuit is clearly false or attempted to manipulate the evidence.