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The judgment below
The conviction portion is reversed, and the case is remanded to the Daegu District Court.
Reasons
The grounds of appeal are examined.
1. On May 1, 2015, the lower court reversed the judgment of the first instance court that acquitted him/her on May 1, 2015 of the facts charged in the instant case on the fact that the alteration of a private document and the exercise of a falsified document on the original written labor contract on May 1, 2015, based on its stated reasoning, was reversed, and found guilty.
The judgment below
Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the intent to alter a private document or alter a private document, the presumption of implied consent, social rules, and the grounds for exclusion of illegality, contrary to what is alleged in the grounds of appeal.
2. On May 1, 2015, as to attempted fraud based on a self-work contract
A. The fraud of a lawsuit is an offense involving deceiving the court to obtain a favorable judgment from the court, thereby acquiring the other party’s property or pecuniary advantage. 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 to himself/herself and receive relief from his/her right through the lawsuit. Thus, unless the defendant has acknowledged a crime, he/she shall not be easily convicted of the defendant, except where the difference in the facts in the lawsuit is objectively apparent, or where the defendant has objectively recognized that his/her allegations in the lawsuit are clearly false, or where he/she has attempted to manipulate evidence.
In addition, in order to establish the fraud of a lawsuit, it is insufficient to say that there is no claim as alleged at the time of the lawsuit, and it is necessary to recognize the court as deceiving the court by making a false assertion with the knowledge of the absence of the claim, and the act of filing a lawsuit with the belief that there is a right that is not existed due to a mistake in fact or a mistake in legal assessment.