The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) Defendant is J Co., Ltd. (hereinafter “J”) whose representative is the Defendant.

F. F’s claim for the transfer of management rights held by F with G (hereinafter “instant claim”) on the basis of a claim held by F. F.

Attachment and assignment order with the claim amount of KRW 411,746,573 (the Suwon District Court Order 2014 Doz. 2014, Feb. 28, 2014; hereinafter “instant attachment and assignment order”).

was received.

In fact, even if the defendant received only KRW 70 million, he prepared a false receipt to G as if he received the entire amount of the claim.

G In civil litigation, such as a request for a letter of change in the name of shares filed by F against F against him/her (2013 Won District Court Sejong District Court 4960 case hereinafter referred to as “instant civil litigation”).

The F's claim is without merit because the above receipt, etc. was attached to the J's evidence that the F repaid all the installment obligations.

“To commit the offence of fraud by preparing and submitting a prepared document to the court,” which attempted to induce the court.

As long as the defendant conspired with G and submits false receipts, etc. as evidence to the court, the commencement of the crime of fraud is recognized. Therefore, the attempted crime of fraud should be established.

2. In full view of the grounds for innocence as revealed by the lower court and the following circumstances acknowledged by the evidence examined by the lower court, the evidence submitted by the prosecutor alone is insufficient to acknowledge the facts charged.

The lower court’s determination is correct.

① In the instant civil lawsuit, F, the Plaintiff, asserted that the acquisition by transfer of shares with Defendant G was rescinded by the delivery of a copy of the complaint due to the delay in the implementation of G, and filed a claim for the implementation of the procedure of opening a statement in the name of the shares that were transferred under the instant contract. G paid all the pre-paid installments to J in accordance with the instant seizure and assignment order (i.e., February 28, 2014).