The defendant shall be innocent.

1. Defendant A is a victim C and a person who has served as a victim’s team member with the victim’s entry motive and the victim.

Around June 30, 2011, the defendant, at the Seoul Central District Court, submitted a written complaint to the effect that, in order to purchase a commercial building in Nowon-gu Seoul Central District Court, in order to purchase the commercial building in lots, KRW 15 million, out of the sale price of KRW 20 million, the sale price of the commercial building in the above company was paid to the victim's national bank account (F), but the sale fraud was caused by the above dispute settlement bank D, however, the defendant submitted a written complaint to the effect that (the passbook transfer) "(15,00,000,000,000,000,000 won, lent to the complainant)" is to proceed with the loan (No. 222173) case to the above court and the appellate court all decided to dismiss the plaintiff and attempted to commit fraud.

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 a defendant is found guilty, any person would have to assert his/her favorable interest to himself/herself and cause 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 knew that his/her assertion is clearly 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 facts are merely erroneous.

The act of filing a lawsuit with the belief that a right exists which does not exist due to a mistake in legal evaluation does not constitute a crime of fraud, and even if the claim in a lawsuit is somewhat different from facts, it cannot be deemed that there is a criminal intent in fraud unless it is merely an exaggeration for the reason of the right to believe that there is a false fact.