action against the deceased person and the

In a lawsuit fraud, the judgment of the court, which is the defrauded, should have the content and effect in lieu of the dispositive act of the victim, and, in other cases, there is no act of giving property by mistake, and therefore, fraud is not established. Therefore, if the defendant's lawsuit is filed against the deceased person, the judgment does not have the effect on the inheritor as it does not take effect, and therefore it does not constitute fraud.

Article 347 of the Criminal Act

Defendant 1 and one other

Prosecutor

Daejeon District Court Decision 84No86 delivered on July 18, 1984

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

With respect to No. 1:

In so-called litigation fraud, the judgment of the court, which is the defrauded, should have the content and effect in lieu of the victim's dispositive act, and in other cases, there is no act of giving property due to mistake, and thus, it does not constitute fraud. Therefore, if the defendant's lawsuit of this case against the deceased person as in this case, as in this case, the judgment does not take effect on the deceased person, and its validity does not extend to the inheritor, and therefore, it does not constitute fraud. The judgment of the court below to the same purport is just, and there is no error of law in the misapprehension of legal principles, such as the theory of lawsuit. We

With respect to the second ground:

In light of the records, we affirm the court below's decision that there was no evidence to find that the court below did not know that forest land was not owned by the non-indicted 1, the seller at the time of the original adjudication, or that there was an intention to deception the court to the defendants, or that there was no evidence to find that the forest was not owned by the non-indicted 1, the seller, and it cannot be said that there was an error of violation of rules of evidence against the rules of evidence, such as the theory of lawsuit, in the process of

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

Justices Choi Jae-ho (Presiding Justice)