사기미수
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the defendant did not issue a receipt to the victim C, which is a part of the deposit for lease on a deposit basis, even though it was issued by the victim C, and the defendant did not receive the deposit from the husband, and caused the husband to file a lawsuit against the victim for the return of the deposit for lease on a deposit basis, and the defendant was aware that his assertion in the lawsuit is clearly false.
However, the judgment of the court below is erroneous in finding the defendant not guilty of the facts charged.
2. In a judgment, the burden of proof for the criminal facts prosecuted 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 suspicion of guilt is between the defendant, even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
On the other hand, a litigation fraud is an offense involving deceiving a court and acquiring a favorable judgment for himself/herself to acquire the other party's property or property benefits. The punishment of such a crime is inevitable to inevitably bring about the chilling of the civil trial system that anyone may claim favorable arguments for himself/herself and receive remedy through a lawsuit. Thus, except in cases where the defendant acknowledged the crime, it shall not be easily found guilty except in cases where the facts in the lawsuit are objectively apparent or there is a trace that the defendant has objectively recognized that his/her arguments in the lawsuit are clearly false or that the defendant attempted to manipulate evidence (see Supreme Court Decision 2008Do11788, Sept. 24, 2009). Examining the evidence duly adopted and investigated by the original court and the trial court, the court below is appropriate.