Requirements for establishing lawsuit fraud crime

In order to establish fraud in a lawsuit fraud, it is insufficient to establish fraud only by the fact that there is no right as alleged at the time of filing the lawsuit, and even if it is well known that there is no right to assert, it is necessary to perceive the court by false assertion and proof, and the act of filing the lawsuit is not a fraud.

Article 347 of the Criminal Act

Supreme Court Decision 83Do973 delivered on April 24, 1984 (Gong1984, 943) 91Do2427 delivered on April 10, 1992 (Gong1992, 1637) 93Do1941 delivered on September 28, 1993 (Gong193Ha, 3018)

Defendant

Prosecutor

Daegu District Court Decision 93No2265 delivered on May 26, 1994

The appeal is dismissed.

We examine the grounds of appeal.

In order to establish fraud in a lawsuit fraud, it is insufficient to establish fraud only by the fact that there is no right as alleged at the time of filing the lawsuit, and even if it is well known that there is no right to assert, it is necessary to perceive the court by false assertion and proof, and the act of filing the lawsuit is not a fraud.

The court below rejected the evidence attached to the facts charged that the defendant raised a civil lawsuit by claiming the acquisition of the forest of this case by the intention of acquiring by registering the ownership of the forest of this case under his own name with the awareness that the forest of this case is owned by the State, and acquitted the defendant on the ground that there is no proof of the crime. In light of relevant evidence and records, such recognition and decision of the court below is just, and there is no error of law that found the facts erroneous in violation of the rules of evidence such as the theory

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Jong-ho (Presiding Justice)