사문서위조등
The prosecutor's appeal is dismissed.
1. In light of the fact that there is a dispute over the inheritance of property between the main sentence of the grounds for appeal, C did not directly prepare a written agreement on the division of property under one’s own name, the content-certified mail sent by C has the seal attached to C, and that the market price of the real estate subject to the division of property is less than 400 million won even though C was delegated with the authority to prepare the written agreement on the division of property, the court below acquitted the Defendant, even though he was not given the authority to prepare the written agreement on the portion that C would pay KRW 200 million to D, the court below erred by misunderstanding of facts and incomplete deliberation.
2. Considering the evidence duly adopted and examined by the court below in light of the records of this case, the following circumstances as shown in the judgment of the court below, the market price of real estate, and the progress of disputes over the division of inherited property, etc., the Defendant: (a) delegated the right of C to prepare a written agreement on division of property under the name of C, including the part that C would pay KRW 200 million to D; and (b) prepared a written agreement on division of property under the name of C; and (c) the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant forged and exercised the written agreement on division of
Therefore, the court below's finding the defendant not guilty on the ground that there is a lack of evidence to prove each of the facts charged in this case is just and acceptable, and there is no error of mistake of facts or incomplete hearing as argued by the prosecutor.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.