사문서위조등
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the court below found that the defendant prepared each construction contract and each construction completion statement (hereinafter “each contract, etc. of this case”) recorded in the facts charged withoutF’s implied consent or constructive consent. However, the court below acquitted the defendant on the ground that F’s implied consent or constructive consent was obtained in preparing each contract, etc. of this case. Thus, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. The summary of the facts charged in the instant case was subcontracted by D, the main owner of the instant construction project, for all new E-type projects awarded by the said company.
Although the defendant must carry out the new construction on his own responsibility, without obtaining the consent of the above company for the convenience of the progress of the construction, he thought to use the F's seal impression of the representative director of the above company.
A. (1) On July 2, 2009, when entering into a subcontract agreement for the installation of steel frame and board supply among the new construction works at the office of Gangseo-gu Busan Metropolitan Government G Co., Ltd., the above F F F F F F F F F FF’s seal impression is affixed thereto (2) around August 2009, when entering into the subcontract agreement for the electrical construction works among the new construction works at the office of Gangseo-gu Busan Metropolitan Government G Co., Ltd., on the part of the owner of the said construction contract, the J, who was sub-subcontracted by the Defendant from the Defendant at the office of the owner of the said construction contract, had the K K L L representative and the above new construction works enter into the subcontract for the electrical construction works among the new construction works, the above F F’s seal impression impression which was created in advance on the side of the entry “F”, and (3) on September 24, 2009, the above NFF’s seal imprint’s name is requested to be affixed on the completion of the construction work.