The accused shall announce the summary of the judgment of innocence.

1. The Defendant is a person who was in the relationship of father and son of the complainant B.

The defendant could assist the complainant in selling the land of Gyeonggi-do, Gyeonggi-do, D, E, and F4 lots that the complainant succeeded from friendly father.

On September 14, 2010, the Defendant had prepared and kept a payment certificate and a promissory note from the complainant on the ground that the Defendant had no knowledge of the trade name located in the Seocheon-gun on September 14, 2010, “I would like to resolve the issue if there is a lot of issues with respect to the preparation of a trade agreement, such as family consent, and a promissory note and a payment certificate against KRW 45 million, because there is a lot of issues with respect to the preparation of a trade agreement,” and thereafter, the land was sold without a problem.

Accordingly, the Defendant, even though he did not have the authority to pay the payment, received a loan claim suit of KRW 45 million from the Seoul Northern District Court on June 14, 2017 against the complainant.

2. Determination

A. The relevant legal doctrine fraud is an offense involving acquiring the other party’s property or pecuniary advantage by deceiving a court and obtaining a favorable judgment for himself/herself. The punishment of such a crime is inevitable to inevitably bring about the chilling of the civil trial system that any person may seek favorable benefit to himself/herself and receive remedy through a lawsuit. Thus, except in cases where the defendant acknowledged a crime, the defendant shall not be easily convicted of his/her allegation of the lawsuit unless there are cases where the difference between the facts in the lawsuit is objectively apparent or there is a trace that the defendant had objectively perceived that his/her assertion in the lawsuit is clearly false or attempted to manipulate the evidence (see, e.g., Supreme Court Decision 2002Do5190, Dec. 10, 2002).

Judgment

According to evidence, the Defendant filed a civil suit against the complainant A on June 14, 2017 by Seoul Northern District Court 2017Kadan13684, as stated in the facts charged, and the said court on January 11, 2019.