사문서위조등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: K consistently stated from the investigative agency to the court of original trial that there was no consent from the defendant to prepare the confirmation document under its name; while N has reversed the statement from time to time according to the circumstances; K testified to the above purport; K testified to the purport that K did not allow K to prepare the confirmation document; N testified to the effect that K did not allow K to do so in the above judgment; N stated that it was not aware of what contents of the confirmation document; K was read, which was aware of the fact that it was in progress between the defendant and L at the time of the preparation of the confirmation document; in light of the fact that K did not want to intervene between the above parties; and there was a reason to refuse to prepare the confirmation document; therefore, K's statement is credibility and it is possible to recognize the criminal intent of document violation; however, the court below erred by misapprehending the facts of this case, thereby affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged of the instant case is that the Defendant: (a) around January 26, 201, at his own house located in Chungcheongnam-gun, Chungcheongnam-gun on or around July 2006, L would provide for KRW 4 million to M; (b) at the location of F, A, G, H, I, J, F, and K’s mother around July 2006, L would provide for KRW 2,100,000,000,000,000,0000,0000,000,00 was withdrawn from F; and (c) at this place, the Defendant stated “K” in the column of the confirmation document stating that “F prepared directly by F with a written complaint against F and a loan certificate of A,” and written in the name of “K for the purpose of exercising its rights and duties,” and written on the name “K’s name.”
(b).