The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The Defendant submitted as evidence each letter invalidated by agreement with the complainant (hereinafter “each letter of this case”) to the court as if it were valid. The Defendant’s act did not differ from the act of creating a false disposition document, etc., and thus constitutes an act of manipulating objective and third party evidence, and the Defendant’s act of filing a lawsuit seeking payment of the agreed amount against the complainant was merely erroneous.

In light of the fact that a defendant believed that he/she exists a right that does not exist due to a mistake in legal evaluation and did not have filed a lawsuit, but has made a false assertion while recognizing that his/her assertion was clearly false, etc., the defendant should be deemed to have commenced the commission of litigation fraud by submitting an invalid statement of this case to the court as evidence.

Nevertheless, the court below rendered not guilty of the facts charged in this case on different premise, and the court below erred by misapprehending the legal principles.

Judgment

The lower court, under the title "2. Judgment", states the grounds for the claim asserted in a civil lawsuit filed by the Defendant against the complainant, and stated in detail the following as follows: (i) "The grounds for the claim asserted in the civil lawsuit filed by the Defendant against the complainant" is "the agreement to pay the above money to the Defendant on behalf of the selling company in lieu of the selling company where the purchaser does not refund the sales price of KRW 45 million to

A. The Defendant submitted each of the instant statements to the court as evidence to support this, and it is true that the Defendant and the complainant agreed to the same purport as the instant agreement while preparing the instant notes. As such, the content of the Defendant’s assertion cannot be deemed to be false, and it is not a fabricated evidence.