A. The misunderstanding of facts and legal principles delegated A with the authority to file a civil lawsuit, and the Defendant did not know the accurate claim of the lawsuit to be filed by A, so there was no intention to obtain it by fraud, and there was no conspiracy of fraud between A and the lawsuit.

In addition, the defendant was the chief director of the medical corporation H

Since the defendant's act is merely a mistake on the debtor's claim amount due to lack of legal knowledge and it cannot be viewed as a fraud in the lawsuit because it was impossible to lend money to A and receive some repayment.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence sentenced by the court below to the defendant (two years of suspended sentence in six months of imprisonment) is too unreasonable.

2. Determination

A. The lower court, based on the evidence duly adopted and investigated by the lower court, stated the following circumstances, namely, ① the Defendant, at the prosecution, stated to the effect that “I lend money from his/her friendship with his/her former position at the time,” and “I would have lent KRW 1,60,000 to the police without refusing to accept his/her request on the ground that I personally take over a hospital; ② the Defendant was paid KRW 130,000,000 on October 31, 201, which was ten (10) days after the date of lending money to A, and was additionally refunded KRW 15,00,000,000 on April 12, 2012, which was immediately before the filing of the lawsuit.”

did not pay the money.

After stating that the principal or interest has not been received, the injured party pointed out the fact that the Defendant received most of the aforementioned payments, and recognized the fact that the prosecutor had to enforce this part, and withdrawn the lawsuit, and the Defendant lent money to A.