The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Since the Defendant, at the victim’s active request, invested funds in the engineering of petition, the victim is deemed liable as a guarantor and filed the instant lawsuit against the victim. Thus, the lawsuit against the victim cannot be deemed to constitute a case where it is objectively apparent that the claim is different from the fact or the Defendant clearly perceived that the claim in the lawsuit is false.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and erroneous.

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (fine 3,000,000) is too unreasonable.

2. Determination

A. We examine the determination of the assertion of mistake or misunderstanding of legal principles, and the purpose of the litigation fraud lies in deceiving the court to acquire the property of a third party. In order to recognize it as a crime of fraud, it is insufficient to say that there is no right as alleged at the time of the lawsuit does not exist. The recognition of deceiving the court by a false assertion and proof is required even if it is well known that there is no right to claim.

(1) In the event that a party’s assertion is insufficient to deceive the court even if the party’s assertion is not necessarily used to use false evidence (see, e.g., Supreme Court Decision 2002Do4151, Jun. 24, 2004). However, a lawsuit fraud is a crime that seeks to acquire the other party’s property or property interest by deceiving the court and obtaining a favorable judgment in favor of himself/herself, and punishment is inevitable for any person to have his/her own favorable claim and receive remedy for infringement of rights through a lawsuit.