All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) was actually holding the Defendant’s claim for construction price against the victim. However, since the Defendant failed to receive in advance a standard contract for the lease of construction machinery, which serves as the basis for recognition by the court, it was inevitably consistent with the actual construction work details, but only prepared a standard contract for the lease of construction machinery with a certain date and submitted it to the appraiser. Thus, the Defendant did not have any intention to deceive the court by proving that there was no claim for the construction price, even though it was inevitably consistent with the actual construction work details.

2) The punishment sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below on the defendant (3 million won) is too unhued and unfair.

2. Determination

A. The Defendant also asserted the same purport as the grounds for appeal in the lower court’s determination as to the assertion of mistake of facts.

The court below rejected the defendant's assertion on this issue, on the ground that the defendant's act of forging 46 copies of written confirmation of workers to ensure the quantity of construction work and submitting them to an appraiser constitutes an act that is difficult to be acceptable as a means of exercising the right under the social norms, and thus, the plaintiff's act of submitting forged documents constitutes a crime of fraud by exceeding the scope of legitimate exercise of right.

Based on the evidence duly admitted and examined by the court below, the following circumstances, which can be additionally recognized based on the evidence, i.e., the appraiser calculated the fixed rate of the construction work performed by the victim based on the evidence, such as the standard contract for the lease of construction machinery for a dump truck, submitted by the defendant, and the court.