The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant, misunderstanding of the legal principles, filed a lawsuit against the victim on the amount of KRW 30,000,000 under a contract for lease of the party design with the victim, but, due to lack of proof, did not have any intent to deceive the court in order to obtain a favorable judgment.

However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is too unreasonable.

2. Determination

A. misunderstanding of facts and misunderstanding of legal principles 1) Litigation fraud is aimed at deceiving a court to defraud a third party’s property. In order to recognize it as a fraud, it is insufficient to say that there is no right as alleged at the time of the lawsuit does not exist. In addition, it is required to perceive the court by means of false assertion and proof even if it is well known that there is no right to claim.

In a case where there is an intentional intent to deceive a court by applying for a payment order with false content, deceiving the court would be a means of deception if the allegations by the parties are sufficient to deceive the court even if the false evidence is not used (see Supreme Court Decision 2002Do4151, Jun. 24, 2004, etc.). 2) In light of the above legal principles, comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, it is sufficiently recognized that the defendant attempted to deceive the court by a false assertion despite being aware that there was no claim of KRW 30 million against the victim in relation to the lease lease contract of the party.

Therefore, this part of the defendant's argument is without merit.

(1) The defendant shall file a civil lawsuit against the victim ( Daegu District Court and racing support 2016, 717, 2016Ga group 12208, 1208.