However, since only the prosecutor appealed the part of the judgment of the court below as to the acquittal and did not appeal all the prosecutor and the defendant, the conviction part among the judgment below is determined separately, and only the remaining part of the acquittal is subject to the judgment of the court

2. According to the evidence submitted by the prosecutor of the grounds for appeal, the fact that the defendant raised a loan lawsuit can be sufficiently recognized when he/she recognizes that his/her allegations in the lawsuit are clearly false.

Nevertheless, the judgment of the court below that acquitted the defendant is erroneous and adversely affected by the judgment.

3. The summary of the facts charged (the attempted charge of fraud) is that the Defendant was sent to the opening of the carbook and the cost of living in order to operate a business with the victim C and Kapet, and was deposited in the account in the name of the victim on September 12, 2012, and did not lend to the victim. However, on February 12, 2014, the Defendant attempted to borrow KRW 10 million by filing a loan lawsuit against the victim to the effect that the Defendant lent KRW 10 million to the victim on or around February 12, 2014, but the Defendant did not commit an attempted crime without having followed the victim’s response.

4. Determination

A. The judgment of the court below 1 lawsuit fraud is a crime involving acquiring the other party's property or property interest by deceiving the court and obtaining a favorable judgment from the court. The punishment of this crime inevitably causes a chilling of the civil trial system that anyone can make a favorable assertion to himself/herself and receive a remedy through a lawsuit. Thus, unless the defendant recognizes a crime, it is objectively obvious that the facts in the lawsuit are different or the defendant's assertion in the lawsuit is clearly alleged.