사문서위조등
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the lower court acquitted the Defendant of the facts charged, even though the Defendant may acknowledge the fact that the registration of establishment of a right to representation was cancelled by forging and using the power of attorney without consent
2. In light of the following circumstances admitted by the court below based on the evidence duly admitted and investigated by the court below, since the evidence submitted by the prosecutor alone is insufficient to acknowledge the facts charged, the court below was just in finding the defendant not guilty on the grounds as stated in the judgment of the court below, and there is no illegality that affected the conclusion of the judgment by
Therefore, prosecutor's assertion is without merit.
① The victim D, at the time of the judgment of the court below, set up the right to collateral security in the name of the victim on real estate, removed and copied a copy of the “written information and notice of completion of registration” after setting up the right to collateral security in the name of the victim on the real estate, and then made the copy as if the Stick was removed from the beginning with transparent tape on the top and bottom of the original Stick.
The argument is asserted.
However, considering the fact that the size of the above transparent tape is not small, it is difficult to understand in light of the empirical rule that the victim did not receive it from the defendant and find it much more than one year.
Moreover, there is no objective evidence to identify who is removed from the Sticker because the fingerprints is not displayed in the above documents and the Sticker.
② After the establishment of each right to collateral security in the name of the victim C, the victim C left the defendant with documents related to registration, such as information on completion of registration and notice on completion of registration.
However, in light of the fact that a person who has ordinary registration-related documents retains documents related to registration, it is difficult to believe it, and the above argument can be raised.