The defendant's appeal is dismissed.

1. The true contract document entered into between the defendant and D is at least 4.22 billion won of the contract amount as of September 19, 2006 (the third contract below) and the defendant newly constructed a factory pursuant to the above contract, but obtained by deceit the amount equivalent to the difference of the contract price by using the contract amount equivalent to 2.31 billion won of the contract amount (the fourth contract below), which was falsely entered into by D. Thus, the defendant's filing of a complaint against D or filing of a related civil lawsuit does not constitute fraud of lawsuit.

2. Summary of the facts charged

A. On August 2007, the Defendant prepared a false complaint at the Seocho-gu Seoul Seocho-gu Seoul Seocho-gu Office for the purpose of having D criminal punishment.

The contents of the complaint are that "D, the representative of the EE, did not have any intent or ability to fully repay the construction cost even if it is entrusted with the new construction of a G factory located in the Cheongbuk-gun, Chungcheongnam-gun, and that D, on September 19, 2006, entered into an agreement between the complainant and the contract amount of KRW 4.22 billion, and entered into an infinite contract in order to show it to other constructors, and made the other constructors prepare a false contract for construction cost of KRW 2.310,000,000,000, which is the difference, and by asserting that it is a true contract, it is argued that it is a true contract and obtained by fraud without paying KRW 1.14 billion, which is the difference."

However, at the time of the filing of the complaint between the parties, the contract amount was KRW 2.31 billion (hereinafter “the fourth contract”) and the contract amount was KRW 4.22 billion (hereinafter “the third contract”) was entered into under mutual agreement in order to obtain more loans from the Small and Medium Business Corporation (hereinafter “the third contract”). A false contract was entered into in order to obtain more loans from the Small and Medium Business Corporation, and D until around the time of the complaint, up to the time of the above complaint, pursuant to the third contract, KRW 2.1 billion and the third contract.