The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On June 8, 2013, the Defendant was askeding the victim E to explain information about D's auction goods from C operating real estate brokerage business. On or around June 8, 2013, G real estate in the Gangnam-gu Seoul Metropolitan Government F to interview the victim E and to receive three million won from C for the consideration, and did not have a separate contract for real estate auction services with the victim. On or around October 29, 2013, the Defendant was willing to acquire the service cost as if he entered into a service contract with the victim even though he did not have a separate contract for real estate auction services with the victim. On or around July 29, 2013, the Defendant filed a lawsuit claiming service cost claim against the victim to pay KRW 94.5 million under the contract for real estate auction services with the Suwon District Court, which is located in Suwon-dong, Suwon-gu, Seoul, to the effect that the victim attempted to obtain the above KRW 94.5 million, but the victim did not have attempted to win it by responding to the contract.

2. Determination:

A. “Fraud of a lawsuit” is an offense involving acquiring the other party’s property or pecuniary advantage by deceiving the court and obtaining a favorable judgment for himself/herself. The punishment of such a crime is inevitable to lead to the chilling of the civil trial system that any person may make favorable arguments for himself/herself and receive remedy through a lawsuit. Thus, except in cases where the defendant recognized a crime, he/she shall not be easily convicted of the defendant, unless his/her allegations in the lawsuit are objectively apparent, or there is a trace that the defendant has objectively recognized that his/her arguments in the lawsuit are clearly false or that the defendant intended to manipulate evidence.

In addition, in order to establish a "litigation", it is insufficient to say that there is no claim as alleged at the time of the filing of the lawsuit, and it is necessary to recognize that the court is deceiving by means of false assertion and proof even if it is well aware that there is no claim in the claim.