The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal was that the Defendant lent KRW 9 million to C (Death on July 13, 2010) on November 25, 2004, and the victim D jointly and severally guaranteed the above obligation. The Defendant filed a lawsuit against the victim D on the ground that the Defendant was unable to obtain full repayment from C or D, and thus, the lower court erred by misapprehending the legal principles on the part of the lower court that the Defendant filed the lawsuit and obtained pecuniary benefits even if the Defendant received payment of KRW 7 million from C or the victim.

2. Determination

A. As to the assertion of mistake of facts, it is not sufficient that there is no right, such as the assertion, at the time of the lawsuit, in order to recognize it as a crime of fraud, the fraud of the lawsuit is aimed at deceiving the court and deceiving the court by means of false assertion and proof even though it is well known that there is no right to claim.

(2) The court’s decision is based on the evidence duly adopted and investigated by the court. The court’s decision is based on the following circumstances: (a) the defendant, on November 25, 2004, prepared a cash custody certificate with the debtor C and a joint guarantor as victim D; and (b) the defendant, on the ground of the cash custody certificate, failed to pay the interest of KRW 9 million if the party’s claim was sufficient to deceive the court (see, e.g., Supreme Court Decision 2002Do4151, Jun. 24, 2004).