The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, despite the fact that the defendant's assertion in the lawsuit is objectively false and the defendant's assertion in the lawsuit is clearly false, the court below erred by misapprehending the fact and not guilty.

Judgment

In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt is against the defendant even if there is no such evidence.

Even if a criminal defendant's interest is to be determined in terms of the defendant's interest, and the criminal lawsuit fraud is a crime involving acquiring the other party's property or property interest by deceiving the court and obtaining a favorable judgment for himself/herself. The punishment of the criminal defendant inevitably brings about the chilling of the civil trial system that anyone can receive the right of remedy through a lawsuit. Thus, except where the criminal defendant acknowledged the crime, unless the defendant clearly shows the difference between the facts in the lawsuit and objectively, or there is a trace that the defendant clearly knew that his/her claim in the lawsuit is false or attempted to manipulate the evidence, he/she shall not be found guilty (see, e.g., Supreme Court Decisions 2001Do2590, Apr. 22, 2003; 2008Do11788, Sept. 24, 2009). In light of the above legal principles, the court below's reasons for innocence and the evidence duly examined by the court below, which can be accepted from the appellate court's appeal related to C's debt completion of the statute of limitations.