The defendant shall be innocent.

1. On October 17, 2012, the Defendant asserted that the Defendant sold KRW 22 to the victim KRW 51 million in the purchase price for pine trees at KRW 51 million, when filing a lawsuit against the victim C with the Changwon District Court Changwon District Court, which was located in 31-No. 31-No. 1-No. 31, Changwon-gun, Changwon-gun, Seoul, Seoul, for the purchase price for pine trees.

However, the Defendant did not have sold pine 22 shares to the victim, and the 222-pact price of pine trees kept by the victim was limited to KRW 3.25 million.

Therefore, although the defendant attempted to defraud the above court by deceiving the victim, he did not achieve the intention and attempted to do so with the wind that the judgment of losing the victim's active response by deceiving the above court.

2. Determination

A. The relevant legal doctrine fraud is an offense involving acquiring the other party’s property or pecuniary advantage by deceiving the court and obtaining a favorable judgment for himself/herself. The punishment of such a crime is inevitable to lead to the chilling of the civil trial system that any person may make a favorable assertion to himself/herself and receive remedy through a lawsuit. Therefore, unless the accused recognizes a crime, he/she shall not be easily convicted of the defendant, except where the difference in the facts in the lawsuit is objectively apparent or the defendant has objectively recognized that his/her assertion in the lawsuit is clearly false or attempted to manipulate the evidence.

In addition, in order to establish litigation fraud, it is insufficient to say that there is no claim as alleged at the time of filing the suit that there is no claim as alleged, and it is necessary to recognize the court as deceiving by making a false assertion even if it is well known that there is no claim in the claim, and it is believed that there is a claim that does not exist due to a mistake of facts or a mistake of legal assessment.