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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (the factual error) is that the Defendant filed a lawsuit seeking return of unjust enrichment against the victim by Seoul Southern District Court 2010 tea8424 around July 2010, and did not intend to commit fraud, but the lower court erred by misapprehending the facts, thereby convicting the Defendant of the facts charged in this case.
2. Determination
A. The fraud of a lawsuit in a judgment on a mistake of facts by a defendant is an offense that acquires the other party's property or property interest by deceiving the court and obtaining a favorable judgment against him/her. If a defendant is easily found guilty, the person must make a favorable assertion to himself/herself and bring about the chilling of the civil trial system that is entitled to remedy the right through a lawsuit. However, if the defendant recognized the crime, or if it is recognized that the defendant knew that the facts in the lawsuit are objectively obvious and clearly false, or that the defendant was trying to manipulate the evidence, the defendant may be found guilty.
According to the records, ① the victim C was aware of the defendant through the introduction of F around June 2006, and worked at the office of the defendant from that time to June 2007; ② the defendant introduced himself as a certified judicial scrivener even if he is not a certified judicial scrivener; ② the defendant introduced himself as a certified judicial scrivener even if he is not a certified judicial scrivener, received 50% of the claim recovered from G as a commission fee; and filed a lawsuit to take over the claim, etc., on 26 occasions from October 2, 2006 to June 18, 2007, and was in violation of the Attorney-at-Law Act that performed legal affairs, such as legal consultation and preparation of legal documents, etc. on the litigation and enforcement cases over 26 occasions between them.