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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant paid approximately KRW 200 million to the victim after October 7, 2008. Since the defendant can be argued that the money paid as above has been appropriated for the price of certain goods, the defendant cannot be said to be a fraud of lawsuit on the ground that the defendant filed a lawsuit of objection against the victim.
B. The sentence of the lower court (three years of suspended execution for one year of imprisonment, two hundred hours of community service) is too unreasonable.
2. The litigation fraud regarding whether a lawsuit fraud constitutes a fraud is a crime that acquires the other party's property or pecuniary advantage by deceiving the court and obtaining a favorable judgment against the other party. If a defendant is easily found guilty, it would inevitably lead to the chilling of the civil trial system that is entitled to remedy the right through a lawsuit. Thus, unless it is evident that the facts alleged in the lawsuit are different from facts and that the defendant clearly knows that the defendant's assertion is false or attempted to manipulate the evidence, the defendant shall not be found guilty unless it is found that the crime is established, and the facts are merely erroneous.
The act of filing a lawsuit with the belief that a person has a right that does not exist due to a mistake in legal evaluation does not constitute a crime of fraud, and the act of manipulating objective and third party evidence by creating a disposal document, etc. or inducing a witness to make a false testimony, if it is merely an exaggerated expression for the reason of the right to believe that there is a lack of factual assertion in the lawsuit is different from the fact. In addition, the manipulation of evidence in the lawsuit fraud refers to an act of manipulating objective and third party evidence by inducing a witness
(see, e.g., Supreme Court Decision 2006Do3591, Sept. 6, 2007). They return to the instant case, health class, and the lower court’s judgment.