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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.
Reasons
1. Although it is reasonable to view that the defendant brought a lawsuit by asserting false facts at the time of filing the civil lawsuit of this case, the court below found the defendant not guilty of the facts charged of this case on the grounds that it is difficult to deem that the defendant brought a civil lawsuit of this case with the criminal intent of fraud of lawsuit, there is an error of law by mistake of facts or misapprehension of legal principles.
2. Determination:
A. A. Around August 2, 2012, the summary of the facts charged was submitted by the Defendant at the Seo-gu Daejeon Daejeon District Court’s civil petition office, Seo-gu, Daejeon District Court filed a complaint for the revocation of the registration of the establishment of a neighboring establishment in the name of the Defendant’s wife D and E, the Defendant’s branch of the Defendant ( Daejeon District Court 2012Ga
The purpose of the warden was that “F, in order to gambling against the Defendant and to secure the obligation incurred by gambling, the Plaintiff registered the establishment of a neighboring land in the name of F in the Dong-gu Daejeon Special Metropolitan City G apartment No. 104 Dong-dong 402 (hereinafter “instant apartment”) and the H land owned by Chungcheongbuk-gun Hacheon-gun (hereinafter “instant land”), thereby seeking the cancellation of the said registration.”
However, the facts are as follows: (a) on January 5, 2012, the Defendant purchased the Seo-gu Daejeon District of J (hereinafter “instant site”); (b) paid F a loan of KRW 25 million, which is part of the amount of the right to collateral security established by F on the said site, to F; and (c) written a loan certificate of KRW 39 million from the remainder of KRW 40 million to the remainder of KRW 40 million; and (d) based on this, the Defendant’s wife-D created a collateral security right of KRW 48 million with the maximum debt amount; and (b) upon borrowing KRW 10 million with F on March 6, 2012, E drafted a loan certificate; and (b) granted F with the maximum debt amount of KRW 130 million with the instant land secured.
F is set up around April 20, 2012 as the Defendant and E did not pay their respective debts.