A. The judgment of the court below which found Defendant A guilty of the facts charged of this case in spite of the actual performance of appraisal work by giving a specific direction and supervision of Defendant A, who is an appraiser assistant, and guiding and correcting the preparation of an appraisal report, and thus, Defendant A violated the rules of evidence.

B. It cannot be deemed that the Defendant B appraiser, conducted a field investigation under the direction of Defendant A, and prepared a draft of appraisal as ordered by the appraiser by organizing the contents of the appraiser, and aiding and abetting false appraisal.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and erroneous.

2. We examine the Defendants’ assertion.

If an appraiser designated by the court fails to know whether the result of the appraisal indicated in the written appraisal is right or not, but prepares and submits a written appraisal as if he/she actually performed the duty of appraisal, the crime of false appraisal under Article 154 of the Criminal Act is established.

(See Supreme Court en banc Decision 2005Do9858 Decided April 7, 2006, and Supreme Court Decision 2010Do9430 Decided January 24, 2013). Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, Defendant A did not perform the duty of appraisal and delegated the instant appraisal to the J, so that Defendant B andK under J’s instructions for appraisal and submitted the appraisal report to the court as if he/she performed the duty of appraisal, and Defendant B did not perform the duty of appraisal and submitted it to the court.

Therefore, the Defendants’ assertion is without merit.

① At around 13:30 on June 14, 2013, Defendant A appeared on the verification date, which was opened at the site of the extension of the building for Gosung-gun G Education and Research Facility in Gangwon-do, and thereafter, appraiser A on the on-site open date for the examination of appraiser.