The judgment below is reversed, and the case is remanded to Incheon District Court Panel Division.

The grounds of appeal are examined.

1. In a criminal trial, the finding of guilt ought to be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Therefore, in a case where the prosecutor’s proof is not sufficiently enough to have such conviction, the suspicion of guilt against the defendant even if it is doubtful.

Even if the interests of the defendant should be judged.

Meanwhile, a litigation fraud is an offense involving deceiving a court to acquire the other party's property or pecuniary advantage by obtaining a favorable judgment. The punishment inevitably causes a chilling of the civil trial system that requires anyone to make a favorable argument for himself/herself and receive remedy through a lawsuit. Thus, except in cases where the defendant acknowledged the crime, it shall not be easily found guilty of fraud except in cases where the facts in the lawsuit are objectively apparent or the defendant clearly knows that his/her assertion in the lawsuit is false, or where there is a trace of his/her intention to manipulate evidence (see, e.g., Supreme Court Decision 2003Do373, May 16, 2003). 2. Of the facts charged in the instant case, the summary of the attempted fraud in the instant case is that the defendant would have obtained the right to construct the building in this case from the victim D, and the defendant would have concluded an agreement with the victim to transfer the right to the construction project of the building in this case from July 1, 2008 to the registration of ownership transfer under the victim's name.