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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In spite of the fact that the Defendant changed its content with the consent of D, the nominal owner of the instant joint project agreement, the lower court convicted the Defendant of all the charges of this case. In so determining, the lower court erred by misapprehending the facts.
B. Even if the defendant's conviction on the grounds of unfair sentencing is recognized, the punishment of a fine of two million won imposed by the court below is too unreasonable.
2. Determination
A. The following circumstances acknowledged by evidence duly adopted and examined in the lower court’s judgment on the assertion of mistake of facts: (i) D, the nominal owner of the instant joint business contract, consistently states that there is no consent from the investigative agency to the alteration of the contents of the said contract from the Defendant to the court; and (ii) if the term “profit” in the said contract is changed to “profit and loss” into “profit and loss amount,” even if the Defendant’s statement is based on the Defendant’s statement, six million won of the obligation the D bears to pay (in the first page of the trial record), thereby obtaining D’s consent in the said contract.
or after correction, it was confirmed after correction.
The circumstances, such as anything, do not seem to be, ③ the Defendant asserted that the above contract was modified and the revised contract was delivered to D, but the Defendant failed to submit evidence to support it (see, e.g., 33 pages and 195 pages of the investigation records). ④ Compared with the form and content of the original copy of the joint project contract and the modified copy, the Defendant merely added or modified the phrase “number” to “number” to the word “number” and sent it to D so that it can be seen as “man” by putting or transforming it into a word (see, e.g., e., 6-7 pages of the investigation record); ⑤ The Defendant also was jointly liable for losses by sending D the certificate of the content of the work terminated on July 28, 2008 to D.