The prosecutor's appeal is dismissed.

1. The summary of the facts charged was around 200, the Defendant lent the name of the owner with respect to 3,250,000 won of the construction fund borrowed from D, the representative director of C, to C, a multi-household C (hereinafter “C”) on the eight lots located in Seoyang-gu, Seoyang-gu, Seoyang-gu, 200, which is a multi-household B, and the Defendant provided joint and several sureties with respect to 6,3250,00 won of the construction fund borrowed from D, which is a multi-household B. At the time of the above construction site, F supplied goods at the market price of 33,00,000 won

Around November 20, 200, as C et al. failed to repay debts to C, including F, due to the default of the payment of debts, around September 24, 2002, the agreement was made between the Defendant, D, and F that F will be entrusted with authority for all of the claims and obligations regarding the construction works.

E filed a lawsuit against D and the defendant on September 2008, and F was present and testified as a witness in the above lawsuit.

The defendant at the public service center of the Incheon District Public Prosecutor's Office located in Nam-dong, Incheon Metropolitan City around July 7, 2009, "F who is the defendant's complaint" in the Incheon District Court on September 12, 2008, and at the appellate court of the lawsuit filed by E against D and the defendant on February 20, 202, there was no list of the operating members of the claim group at the time of February 20, 2002, and the list was not attached to the agreement.

It is so far as the seal has been affixed because there is no list of the operators of the credit group.

The creditor management committee was not organized at the time, and G did not have the vice-chairperson.

The witness is not aware of the contents of other construction business operators' outstanding amounts, the contents of the creditors' loans, and the large amount of each unit attached to the agreement.

The purpose of "" was to submit and receive a complaint to the effect that "the punishment is changed because it was perjury."

However, on February 2002, there was no conference or procedure to organize a claim group against C or to elect a representative of a claim group. Before the formation of the above agreement, the claims should be made.