사기미수
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant alleged false title and false facts in the civil procedure of this case, and thus constitutes an attempted lawsuit fraud. However, the court below erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment.
2. Determination
A. The relevant legal doctrine fraud is an offense involving acquiring the other party’s property or pecuniary advantage by deceiving the court and obtaining a favorable judgment for himself/herself. The punishment of such a crime is inevitable to lead to the chilling of the civil trial system that any person may make a favorable assertion to himself/herself and receive remedy through a lawsuit. Therefore, except in cases where the defendant acknowledged a crime, he/she shall not be easily convicted of the defendant, unless there is any trace that the facts different from the facts in the lawsuit are objectively apparent or that the defendant has objectively recognized that his/her allegations in the lawsuit are clearly false, or that the defendant intended to manipulate the evidence.
In order to establish litigation fraud, it is insufficient to say that there is no claim as alleged at the time of filing the lawsuit, and it is necessary to recognize the court as deceiving the court by making a false assertion with the knowledge of the absence of the claim.
The act of filing a lawsuit with a belief that a person has a right that does not exist due to a mistake in legal evaluation does not constitute fraud (see, e.g., Supreme Court Decision 2018Do1305, Dec. 28, 2018). The manipulation of evidence in a lawsuit fraud refers to an act of manipulating objective and third party evidence by creating a disposal document, etc. or by inducing a witness to give false testimony, etc.
(See Supreme Court Decision 2006Do3591 Decided September 6, 2007, etc.). B.
The specific judgment of the court below is stated in its reasoning.