A. The Defendants jointly committed the crime is F’s father, and Defendant A was married with F’s wife, and the Defendants conspired to forge the lease agreement with F’s wife and to resolve Defendant B’s bonds by lending money as security after forging the lease agreement with respect to 101 GGGGG operated in Gwangju-si, Gwangju-si. On September 2014, at the I restaurant located in H of Gwangju-si, Defendant A forged a copy of the lease agreement in the name of F, which is a private document for the purpose of exercising rights and obligations, at the I restaurant located in H around the end of Gwangju-si, stating that “Defendant A leases KRW 101,00 (the down payment KRW 4,00,000,000,000) to KRW 8,000,000 (the down payment amount, KRW 4,000,000,000).”

B. On November 19, 2014, the Defendant presented the forged lease contract to the public official in charge of the date of confirmation of name in the Dong-dong community service center located in Gwangju-si, Gwangju-si. On May 18, 2015, the Defendant exercised the forged lease contract by presenting it to the police officer in charge of the case of property damage at the criminal department office located in Gwangju-si, Gwangju-si, Gapo-ro around May 18, 2015 as if it was duly formed, and (iii) the Defendant presented the forged lease contract to the police officer in charge of the case of property damage at the criminal department office located in Gwangju-si, Gwangju-si, and presented it to the police officer belonging to the police station located in Gwangju-si, who called from Gwangju-si, as if it was duly formed.

2. Determination

A. The burden of proof for the facts constituting an offense prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes a judge sure that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant (Supreme Court).