The defendant shall be innocent.

1. On April 8, 2013, the Defendant filed a lawsuit seeking compensation against E Co., Ltd. operated by the victim D with the Seoul Eastern District Court located in the Seoul Eastern District Court located in the 404, Agrasan-ro, Seoul, Seoul, on April 8, 2013. The Defendant did not import and replace the boom boom boom boom from Japan once again from Japan, but instead, attached domestic valuable products, and filed a claim for “the amount of KRW 69 million” in the evidence No. 6-2 (Report on Inspection and Estimation of Motor Vehicles), including “the amount of KRW 69,000,000,000,000,000,000 won, which is the appellate court of the instant case, excluded the damages claim from the amount of KRW 69,000,000,000,000.

2. The fraud of a single lawsuit is a crime that acquires the other party's property or property interest by deceiving the court and obtaining a favorable judgment for himself/herself. If the defendant is found guilty, it would inevitably lead to the chilling of the civil trial system that is entitled to remedy the right through a lawsuit. Thus, unless it is evident that the defendant's assertion in the lawsuit is objectively obvious and that the defendant clearly knows that his/her assertion is false or attempted to manipulate the evidence, the defendant shall not be found guilty unless it is found that the crime is established, and the act of filing a lawsuit is not a fraud, but a mere mistake of facts or a mistake of legal evaluation is not a crime, and it is not an exaggeration expression to believe that there is a right to believe that there is a lack of legal evaluation, even if the assertion in the lawsuit is different from the facts, and it is not a crime of fraud.

Nor can it be viewed (Supreme Court Decision 2006Do3591 Decided September 6, 2007). In light of the above legal principles, the following facts acknowledged by the evidence are examined.