The appeal is dismissed.

The grounds of appeal are examined.

1. A litigation fraud is an offense involving deceiving a court to acquire the other party’s property or pecuniary advantage by obtaining a favorable judgment in his/her favor. The punishment inevitably leads to the chilling of the civil trial system that requires anyone to make a favorable assertion to himself/herself and receive remedy through a lawsuit. As such, it shall not be readily found guilty, except in cases where it is objectively apparent that the assertion in the lawsuit is different from the fact, or where the defendant clearly knows that his/her assertion is false, or where there is a trace of his/her intention to manipulate evidence, etc. (see, e.g., Supreme Court Decision 2013Do447, Apr. 11, 2013). 2. The lower court reversed the first instance judgment that found him/her guilty and acquitted on the facts charged in the instant case on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the above legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.