The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In concluding the instant contract with B, the Defendant agreed on the total construction cost of KRW 94 million and agreed on the steel bars and concrete materials cost required for the said construction as B financing. In addition, the Defendant concluded a verbal contract on the civil engineering works (in the form of soil works and retaining wall works) equivalent to KRW 16 million, and concluded an additional construction works worth KRW 18.8 million in the course of public photography, and paid the price to B.

However, since the construction cost paid to the defendant by B is not more than 20 million won in total, the defendant filed a civil suit to receive the remainder of the construction cost, such an act cannot be deemed as a fraud in the lawsuit.

2) In addition, since B submitted a false document in the above civil procedure and actually lost the defendant, the defendant brought a criminal complaint against B on the basis of the facts consistent with objective truth, such a complaint shall not be deemed to constitute an accusation.

B. The sentence of the lower court’s unfair sentencing (eight months of imprisonment, one year of suspended sentence, one year of community service, 120 hours) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. As to attempted fraud, the relevant legal doctrine’s fraud 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 chill the civil trial system that anyone can make favorable arguments to himself/herself and receive relief through a lawsuit. Thus, except in cases where the defendant acknowledged the crime, there is a scambre that the facts different from the facts in the lawsuit are objectively apparent, or that the defendant either knew that his/her allegations in the lawsuit are clearly false, or that he/she attempted to manipulate the evidence.