The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: J, the representative director of the Victim E (hereinafter “E”) and K and H, the director, stated that “the amount of KRW 2.2 billion for services, which is the initial contract amount, shall be reduced to KRW 2.2 billion, but the remainder of KRW 100 million for which the due date has not yet arrived, shall be the condition that the payment shall be completed in full on the E”; E is a structure in which the Defendant would pay the service cost to the Defendant’s company with the payment of the service cost from the ASEAN Urban Development Association; and the Defendant stated that “The fact that the Plaintiff attended and consented to the general meeting of representatives of cooperatives with the content of adjusting the service cost between the union and E, as KRW 2.2 billion, reduced the service cost and that part of the service cost shall be paid to H and I (hereinafter “the agreement in this case”), but the Defendant did not have any explicit perception of the Defendant’s assertion that the agreement in this case was made, and thus, the lower court did not have any illegality in finding the Defendant guilty.

2. Determination

A. The lower court found the Defendant not guilty of the instant facts charged on the ground that there was no other evidence to acknowledge it, even though the evidence submitted by the prosecutor alone, based on the following relevant legal principles and circumstances, was insufficient to recognize that the Defendant brought the instant lawsuit, even though the Defendant was aware of the apparent falsity of the assertion

1) The fraud of a lawsuit is an offense involving acquiring the other party’s property or pecuniary advantage by deceiving the court and obtaining a judgment favorable to himself/herself. The punishment of such a crime is inevitable to have any argument favorable to himself/herself.