The prosecutor's appeal is dismissed.

1. The credibility of the statements made by G and D may be acknowledged in light of the following facts: (a) the text of the grounds for appeal was written and the phrase “sureties” was inserted after a considerable time has elapsed; and (b) G merely is an employee receiving benefits and there is no ground to guarantee the borrowed money used by D and C.

Nevertheless, the lower court rejected the credibility of G and D’s statement, and recognized the credibility of the Defendant and H’s statement, and subsequently consented explicitly to inserting the phrase of the guarantor, and rendered a judgment not guilty on the ground that the possibility that the corporate name plate was affixed under the permission of D and G could not be ruled out. Therefore, the lower court erred by misapprehending the facts, which affected the conclusion of the judgment.

2. Determination

A. On December 30, 2008, the Defendant, on December 30, 2008, lent KRW 50 million as the deposit money for the release of scrap metal to D, who is the C Actual Engineer, and had the intent to alter the loan certificate in order to use the loan certificate as the evidence proving provisional seizure against claim.

On April 1, 2010, the Defendant entered the letter of "sureties" in the name of G, which is registered as a witness of the loan with a test-type pen at the office located in the E-U.S. Kimhae-si, and arbitrarily marked the F (State) corporate name plate.

Accordingly, the Defendant modified one copy of the loan certificate concerning rights and obligations.

On December 2, 2011, the Defendant submitted to a public service center of the Changwon District Court 1, Changwon-dong, Changwon-si, Changwon-si, which had been modified, one copy of the loan certificate was duly formed, to an employee whose name is unknown.

B. The lower court rendered a judgment, on the grounds of the circumstances found by the evidence duly admitted and investigated by the lower court, stated the phrase “sureties” in the loan certificate additionally, and there are somewhat doubtful doubts in the process of affixing the F’s corporate name plate on the loan certificate. However, the lower court impliedly consented to inserting the phrase “Surety” as the surety, and further agreed.