사기
The prosecutor's appeal is dismissed.
1. According to the statement of D related persons, including G and J, the defendant, at the time, was well aware of the existence of the remaining claim for the construction price of D in relation to D, and even if he was well aware of the existence of the claim for the construction price of D in relation to D, he can recognize the fact that he received the claim for the construction price from D and applied for the payment order to E. Thus, the court below which acquitted the facts charged of this case,
2. Determination
A. The fraud of a lawsuit is an offense involving deceiving the court to acquire the other party's property or pecuniary advantage by obtaining a favorable judgment in his/her favor. The punishment of any person is bound to bring about the chilling of the civil trial system, which is entitled to remedy through a lawsuit. Thus, in order to establish the fraud of a lawsuit, it is insufficient to say that there is no claim as alleged at the time of the lawsuit does not exist. The defendant must be aware that he/she is deceiving the court by his/her false assertion with the knowledge of the absence of the claim. However, unless the defendant acknowledged the crime, it is obvious that the arguments in the lawsuit are different from the facts, or it is obvious that the defendant clearly knew that his/her assertion in the lawsuit is false or attempted to manipulate evidence, the defendant shall not be found guilty unless it is established (see Supreme Court Decisions 2002Do6851, Feb. 11, 2003; 2009Do982, Dec. 10, 2009).