The defendant shall be innocent.

1. On December 7, 2016, the summary of the facts charged: (a) the Defendant filed a lawsuit against the Defendant for the return of the loan against the Victim B at Annyang District Court of Suwon-ro 70, 212-ro, Jeonyang-si; (b) stated that the Defendant lent KRW 53,690,000 in total to the Defendant on May 13, 2014, including lending KRW 40,000 to the victim; and (c) presented the details of the account transaction in the name of the Defendant as evidentiary materials.

However, in fact, the defendant lent money to D who works in the name of "C" that he operated, and even though he was well aware that the victim is only the nominal owner of the passbook used by D and is irrelevant to the above loan obligations, he would not communicate with D, but will transfer the loan obligations to the victim who is the nominal owner of the passbook, who is the nominal owner of the passbook.

Nevertheless, on July 7, 2017, the Defendant was rendered a favorable judgment that “The Defendant (victim) would pay to the Plaintiff (Defendant) 53,690,000 won and the amount calculated at the rate of 15% per annum from May 13, 2017 to the same date by deceiving the full bench in charge of support of the Suwon District Court by making false arguments as above and submitting evidentiary materials.”

Accordingly, the defendant, by deceiving the court, has gained the same amount of property benefits from the victim.

2. Determination

A. Legal reasoning fraud is an offense involving acquiring the other party’s property or pecuniary advantage by deceiving the court and obtaining a favorable judgment in favor of the court. The punishment of such a crime is inevitable to lead to the chilling of the civil trial system that any person may make a favorable assertion to himself/herself and receive remedy through a lawsuit. Therefore, unless the accused recognizes a crime, the arguments in the lawsuit are objectively obvious or the accused clearly falsity his/her arguments in the lawsuit.