A. On December 10, 2010, in the name of misunderstanding of facts F, the F husband G was present at the time when preparing a lease agreement (hereinafter “instant lease agreement”) in the name of misunderstanding of facts, and G was delegated by F with the authority to conclude a contract, and the Defendant was holding the F seal.

Therefore, the defendant did not forge the lease contract of this case.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unreasonable.

2. Determination

A. 1) In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant’s assertion of misunderstanding of facts is recognized as the fact that the instant lease agreement was forged by the Defendant. A) G is consistent from the investigation agency to the lower court’s court to the lower court, and there was no fact that the Defendant entered into a lease agreement with the Defendant on December 10, 201 with respect to the building 101.4 square meters of the Gyeonggi-gun-gun, Gyeonggi-gun, F on December 10, 2010. There was no fact that he/she entered into the instant lease agreement or the preparation of the instant lease agreement. There was no fact that he/she entered into the instant lease agreement. There was no fact that he/she entered into the instant lease agreement and there was no fact that the Defendant gave up his/her seal to the Defendant, and ii) in the lower court’s court, and F also stated that “A or the Defendant did not have any seal affixed thereto.”

B. The Defendant asserted that “The sum of KRW 300,000,000 and KRW 700,000,000,000 that he/she had borrowed from J on the date of preparation of the instant lease agreement was paid KRW 1 million to G.”

However, the Defendant asserted that he did not receive a receipt from G, and did not present a receipt that he paid the lease deposit, and ② the Defendant paid the lease deposit with money from J in the related civil procedure.