The prosecutor's appeal is dismissed.

1. The gist of the prosecutor’s appeal is that the victim stated that there is no relationship between the investigative agency and the court below to transfer the claim for the construction cost of this case (hereinafter “the claim of this case”) relatively consistent from the investigative agency to the court below. Defendant B was not responsible for the administrator at the construction site of the victim’s operating company and failed to submit evidentiary materials to clarify the relationship between the claim of this case and the claim of this case. As indicated in the facts charged, the assignment of the claim of this case is a false assignment of claims in order to avoid a third party’s compulsory execution, which is a false assignment of claims, and the defendants, who are well aware of such circumstances, are deemed to have brought the lawsuit of this case with false transfer of claims as they were withdrawn from the victim company, the court below acquitted the defendant guilty of the charge of attempted fraud of this case.

2. Determination

A. A. A lawsuit fraud is a crime that acquires the other party’s property or property interest by deceiving the court and obtaining a favorable judgment in favor of the court. If the court is found guilty, the person would have to make an assertion favorable to himself/herself and bring about the chilling of the civil trial system that is entitled to remedy the right through the lawsuit. As such, it shall not be readily found guilty unless it is evident that a crime is established, unless it is objectively obvious that the facts in the lawsuit are different from the facts, and it is recognized that the defendant was aware that he/she was clearly false or attempted to manipulate the evidence.

The act of filing a lawsuit is not a crime of fraud, and it is believed that there exists a right that does not exist due to a mistake in legal evaluation.