사문서변조등
The defendant's appeal is dismissed.
Expenses of the trial shall be borne by the defendant.
1. Summary of grounds for appeal;
A. In fact-misunderstanding or misapprehension of the legal principles (violation of the Framework Act on the Construction Industry) 1, Defendant E Co., Ltd. (hereinafter “E”) subcontracted only steel reinforced concrete works, strawing works, waterproof works, tidal works, and other works to G Co., Ltd. (hereinafter “G”), among the construction works of the F community service center contracted by the Seoul Southern-gu Office, to which he was awarded a subcontract to Q Co., Ltd. (hereinafter “D”). ② D Co., Ltd. (hereinafter “D”) subcontracted only steel reinforced concrete works among the construction works of the P market ice contracted by the Gu office of Gwangju (hereinafter “ Q”), and ③ E subcontracted only steel reinforced concrete works to Q Co., Ltd. (hereinafter “each of the instant construction works”).
2) Nevertheless, the court below erred by misapprehending the legal principles or misunderstanding the facts charged.
B. The sentence of the lower court (an amount of KRW 10 million) that is unfair in sentencing is too unreasonable.
2. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and examined by the lower court as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the Defendant awarded a blanket subcontract for each of the instant construction to G or Q.
Since it is reasonable to see that the defendant's mistake of facts or misapprehension of legal principles is not accepted.
① As E and D staff members, I participated in the process of concluding the contract for each of the instant construction works from the investigative agency to the court of original trial, and consistently stated that “the Defendant was awarded a blanket subcontract to G or Q, all of the instant construction works.”
I made a significant detailed statement about the process of concluding a construction agreement, the process of issuing a performance guarantee insurance policy, and the method of preparing a monthly salary at the site warden. There is no circumstance that I made a false statement even when I is punished for perjury.