1. The content of the fraud in a lawsuit lies in inducing a court to deceive a third party’s property by deceiving the court, and it is insufficient to recognize the fraud as a crime. However, inasmuch as there is no right as alleged at the time of filing a lawsuit, there is a perception that the court is deceiving the court by making a false assertion and false proof even though it is well aware of the absence of the right to claim (see, e.g., Supreme Court Decision 2011Do7262, Sept. 8, 2011). Furthermore, the establishment of the crime must be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and its probative value, which is based on the premise of

(Article 308 of the Criminal Procedure Act). For reasons indicated in its reasoning, the lower court determined that the first instance court convicted the Defendant of the instant facts charged on the basis of the fact-finding of the first instance court and the cooking and judgment of the evidence completed in the process, and rejected the grounds of appeal alleging misunderstanding of facts or misunderstanding of legal principles as to litigation fraud, based on the determination that the evidence submitted by the Defendant alone does not bring a reasonable doubt to acknowledge the Defendant guilty of the instant facts charged.

The judgment below

Examining the reasoning in light of the aforementioned legal principles and the evidence duly admitted, the ground of appeal disputing the lower court’s fact-finding is merely an error of the lower court’s determination on the selection of evidence and probative value, which belong to the free judgment of the fact-finding court, and the lower court’s aforementioned determination.