The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that M and the Defendant, the actual representative of J Co., Ltd., apply for a loan to a financial institution, and M directly affixed M and signed a letter of waiver, such as business execution rights, etc. (hereinafter “written waiver of this case”). As such, each of the waiver of this case was not forged.

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

2. In full view of the following circumstances, the facts constituting the crime in the judgment below, which are acknowledged by the evidence duly adopted and examined by the court below, can be recognized.

The defendant's assertion of facts is without merit.

A. M is a method for the cooperation of G Co., Ltd. at the time to obtain funding with respect to the apartment newly built in H by G Co., Ltd. (hereinafter “G”) to receive the construction cost it did not receive from G. In order to raise funds, M recognizes that the Defendant delegated the preparation of a letter of waiver, such as the right of business execution, with the content that the J Co., Ltd. would not exercise the right of retention on the apartment.

Therefore, the key issue is whether the Defendant was delegated with the authority to state KRW 957,00,000,000 from M in preparing the letter of waiver of this case, as well as the content that “pro rata Set-off”.

In this regard, the Defendant could not obtain a loan only with a mere waiver of the execution right, and specifically, the Defendant made M to prepare a letter of waiver of the execution right, which includes the contents of how it was under the contract with the contractor, and made M to prepare a letter of waiver of this case, or with the permission of M at least, the Defendant prepared a letter of waiver of this case.

The argument is asserted.

B. M and the Defendant drafted two copies of the waiver of the right to work execution under mutual agreement (this document shall be offset against this document) when preparing a light confirmation (No. 2 list of evidence) on November 2004.