A. The punishment imposed by the lower court (a fine of 5 million won) is too unreasonable.

B. Defendant B (De facto Error) requested Defendant B to prepare a complaint against Defendant A, but in the process, Defendant A did not deliver a copy of the E driver’s license.

(I) Defendant B delivered a copy of his driver’s license to Defendant A.

Even if Defendant A did not know that he was issued a copy, etc. of E’s resident registration card by forging an application under the name of E in a fraudulent manner as stated in its holding, and could not be predicted.

Therefore, the judgment of the court below that the defendant B conspired with the defendant A to commit the crime of forgery of this case, etc. is erroneous in the misapprehension of facts.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the following facts and circumstances can be acknowledged according to the judgment of the court below as to Defendant B’s assertion of mistake of facts.

① At the prosecutor’s office and the court below’s court, Defendant A requested Defendant B to prepare a written complaint against Defendant B on suspicion of fraud. However, there was “F” among the nominal holders of an account in which Defendant B received money, and Defendant B stated that “F was the friendship of E.”. Therefore, Defendant B was issued a copy of the E’s driver’s license because it is necessary to verify whether E and F are in a family relationship relationship. Furthermore, Defendant B received the copy of the E’s driver’s license by using the copy of the driver’s license, stating that “I arbitrarily prepare a power of attorney, etc. for application for the family relationship register in the name of E and receive related documents,” etc.

Defendant

A In the instant case, at the time of the first investigation conducted by the police, the Defendant B’s participation in the investigation is called “at the same time.”