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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that since the real estate in this case is not a nominal trust to the actual victim, even if the judgment recognizing the nominal trust becomes final and conclusive after the fact was objectively apparent at the time of filing the instant civil lawsuit.
It is difficult to see that the Defendant clearly perceived that there is no loan claim.
It is difficult to see that the defendant's lawsuit is a mistake in legal evaluation or a legitimate exercise of rights, and the defendant's assertion is sufficient to deceive the court.
It is also difficult to see it.
Nevertheless, the judgment of the court below which recognized the attempted fraud is erroneous in the misunderstanding of facts and legal principles.
2. The judgment fraud is aimed at deceiving the court and deceiving a third party's property. In order to be recognized as a crime of fraud, it is insufficient to say that there is no right as alleged at the time of the filing of the lawsuit. The perception that the court is deceiving the court by means of false assertion and proof even if it is well known that there is no right to claim.
However, in the event that there is an intention to deceiving a court by filing a false lawsuit with a false content, deceiving the court is a means of deception if the allegations of the parties are sufficient to deceive the court even if the false evidence is not always used.
The Defendant asserted the same as the grounds for appeal at the lower court, and the lower court, in its detailed statement of the circumstances, acknowledged that the Defendant had been aware of the existence of a loan claim against the victim C, and, in so doing, had the intent to deceiving the court by false assertion and proof beyond the permissible limit of denial or unfavorable facts, and in light of the transaction relationship between the Defendant and the victim (the formation of title trust and formal appearance) and the process of litigation, and the role of the Defendant in the process.