사기미수
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) alleged in the relevant civil procedure that “the money received from the injured person is not the borrowed money, but the victim is donated to the injured person, and the confirmation of his/her obligation on December 20, 2016 is made by E’s husband, the husband of the injured person.” In light of the relevant evidence, the above assertion was clearly false and it was well known that the Defendant himself/herself was false.
Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous.
2. Determination
A. The fraud of a lawsuit is an offense involving deceiving a court in favor of himself/herself to obtain the other party's property or pecuniary advantage by obtaining a favorable judgment. The punishment inevitably causes a chilling of the civil trial system that any person may make favorable arguments to 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 different from the facts in the lawsuit are objectively apparent or the defendant clearly knows false arguments in the lawsuit or where there is a trace that the defendant attempted to manipulate evidence (see Supreme Court Decision 2002Do5190, Dec. 10, 2002, etc.). (b) If the court below took account of the following circumstances acknowledged by these evidence, such as the reasoning of the court below duly adopted and examined by the evidence, it is insufficient to acknowledge the intention of the lawsuit if the defendant is liable for the debt by only the evidence submitted by the prosecutor alone, and there is no other evidence to acknowledge the intention of the lawsuit.
The prosecutor's assertion of mistake is without merit.
① The victim’s statement in the court below is also considered in light of the victim’s statement.