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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles agreed on June 17, 2009 that D would give KRW 600 million after the month when the Defendant invested KRW 130 million from the Defendant. On November 2009, the court below convicted the Defendant by misunderstanding of facts or misunderstanding of legal principles as to the claim for the refund of the lease deposit amounting to KRW 190 million as stated in the judgment of the court below on November 17, 2009, on the ground that the Defendant would pay KRW 190 million prior to the termination of the right to collateral security (hereinafter “the instant right to collateral security”) on November 17, 2009, upon receiving KRW 190 million from the Defendant on November 17, 2009, and did not extinguish the security right to the claim for the refund of the lease deposit amounting to KRW 110 million as stated in the judgment of the court below.
B. The sentencing of the lower court on the grounds that the sentencing of unreasonable sentencing (two years of suspended execution and eight hours of community service order in June) is too unreasonable.
2. Determination
A. (i) The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction should be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt is against the defendant even if there is no such evidence.
Even if there is no choice but to determine the interest of a defendant, and a lawsuit fraud is an offense with the content of acquiring the other party's property or property interest by deceiving the court and obtaining a judgment favorable to him/her. It inevitably leads to the chilling of the civil trial system that anyone is entitled to remedy for infringement of rights through a lawsuit. Therefore, unless the defendant recognizes a crime, it is objectively obvious that the facts in the lawsuit are different or that the defendant's assertion in the lawsuit is in the lawsuit.