The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) In light of the fact-misunderstanding, attempted misunderstanding of the legal principles, and perjury, the Defendant paid capital of KRW 30 million to the Defendant, and the fact that the Defendant exercised its authority over Company D, as a real shareholder, the Defendant constitutes a de facto owner, not a trust under the name of 60% of the shares of Company D.

Therefore, the court below found the defendant guilty of this part of the facts charged on the premise that the defendant is not the actual operator of D, which affected the conclusion of the judgment by misapprehending the legal principles.

2) The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. As to attempted fraud, if the defendant, not only the plaintiff as a party to a lawsuit but also the defendant in a defensive position, deceiving the court by means of active methods such as preparing a false document and submitting it as evidence, etc., and thereby inducing the omission in the performance of his/her duty by obtaining a favorable final and conclusive judgment, it is insufficient to say that there is a crime of fraud against the equivalent amount of the property value, but also for the defendant to establish a lawsuit fraud by the defendant, the existence of a debt equivalent to the value of the property value is not sufficient. The defendant must be aware that the court is deceiving by means of false assertion and proof even if he/she knows well that there is a debt for his/her assertion.

In addition, the fraud of a lawsuit is a crime that acquires the other party's property or property interest by deceiving the court in favor of himself/herself, and if it is easily found guilty, it will bring about the chilling of the civil trial system that can make favorable arguments to himself/herself and receive relief through the lawsuit.