The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the Defendant leased KRW 200 million to C and then received a written confirmation of payment in kind, promissory note, loan certificate, etc. from C when he/she is given the D apartment 902 and 701.

Therefore, the evidence and the contents of the document submitted by the defendant in a civil suit against the defendant is not false, so it cannot be said that the defendant deceivings the court.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. The relevant legal doctrine 1) Even if the plaintiff who is a party to a lawsuit and is in a defensive position as well as the plaintiff who is in a defensive position, the defendant is aware of the existence of a debt, such as the plaintiff's assertion, by means of a false document, submission of evidence, or perjury, in case where his/her performance of his/her property is exempted from the performance of his/her property by deceiving the court by obtaining a favorable judgment in favor of him/her. On the other hand, the litigation fraud is an offense involving deceiving the court to acquire the other party's property or pecuniary advantage by obtaining a favorable judgment. In order to establish the litigation fraud by the plaintiff's side, it is insufficient to say that there is no claim as alleged at the time of the lawsuit fraud by the plaintiff, and even if it is well known of the existence of the claim, it is necessary to recognize the court to deceiving the court by means of a false assertion and proof even if it is insufficient to establish the litigation fraud by the defendant.