A. In fact, the Defendant, after the father G of the victim’s father died, continued to support the victim’s inherited property while managing the victim’s inherited property, and the mother of the victim unilaterally deducted the victim’s inherited property without the victim’s consent, filed the instant civil lawsuit against the Defendant, and demanded the victim to withdraw the victim’s necessary civil lawsuit for the purpose of having the victim’s inherited property from E, and subsequently, had the intent to support the victim by bearing continuing living expenses, school expenses, etc. thereafter. Therefore, at the time of the withdrawal of the instant civil lawsuit, the Defendant had no intention to avoid the obligation to return the victim’s inherited property or to escape the victim’s inherited property.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination as to mistake of facts

A. If a party to a lawsuit who is expected to benefit from a certain legal act of the other party has committed an act of deceptioning or coercioning the other party to conduct the other party's legal act and actively obstructed the other party's normal performance of the legal act, the act of deception, etc. violates the good faith principle (see Article 150 of the Civil Act). Thus, the defendant, the party against whom the lawsuit was brought, or his/her representative, lost at the first instance trial, and then the appeal was dismissed, and the withdrawal of the lawsuit by deceiving part of the other party, who is the other party who is not aware of the process of the lawsuit at the time the lawsuit is prohibited, is an act of fraud subject to criminal punishment (see Supreme Court Decision 2003Da31619, Apr. 27, 2004).

1) The father G and mother of the injured party’s father and mother are divorced on November 23, 2001.