The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In the case of a misunderstanding of legal principles concerning civil litigation fraud, it is attempted when the plaintiff defendant (the plaintiff) won all or part of the judgment, and even though there is no room to deem that the criminal act of the defendant C was committed on the ground that the defendant C filed a subsequent appeal in the civil lawsuit filed by the defendant, thereby having committed an attempted crime, the court below erred by misapprehending legal principles, thereby finding the defendant guilty of the charge of attempted fraud of this case.

B. The defendant in mistake of facts brought a civil suit with the amount of 3.5 million won to be received from C. As a result, he/she has won part of the result, but this is merely a part of the defendant's winning due to a mistake of facts or a mistake of legal evaluation, and there was no intention of the defendant to obtain money from C through a lawsuit.

C. The "Seoul Western District Court Decision 2014Na5053, Supreme Court Decision 2015Da78406 Decided 2015Da78406 Decided 2006 Decided 'the Seoul Western District Court Decision 2015Da78406 Decided 'the defendant submitted as evidence of innocence', which was admitted as evidence of guilt in violation of

The sentence of the lower court on unreasonable sentencing (fine 3 million won) is too unreasonable.

2. Determination

A. (1) Determination of the assertion of misunderstanding of facts and misapprehension of the legal principles is aimed at deceiving a court to acquire a third party’s property by deceiving 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. In addition, it is required to perceive that the court is deceiving by false assertion and proof even if it is well aware that there is no right to claim.

However, in the event that there is an intention to deceive the court by filing a false lawsuit with a false content, it is sufficient to deceive the court of the parties' arguments, even if the court does not necessarily use false evidence.