The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the summary of the grounds for appeal (misunderstanding of facts), the fact that the Defendant, who was the representative of G, consented to the joint and several liability amounting to KRW 350,000,000,000, not exceeding KRW 3500,000,000, by deceiving D and allowing D to prepare and exercise a false power of attorney for the joint and several liability amounting to KRW 500,000,00,000,00

Therefore, the judgment of the court below which acquitted the defendant on the ground that there is insufficient evidence to acknowledge the facts charged of this case is erroneous in misconception of facts.

2. As to the facts charged in the instant case, the lower court acquitted the Defendant on the ground that the evidence submitted by the prosecutor alone, explaining the various reasons for not guilty, was insufficient to recognize the guilty of the facts charged in the instant case.

In comparison with the evidence records, the judgment of the court below is closely examined, and in light of the fact that it is stated at the end of the power of attorney held by H as "the amount of proxy debt (not stated) to be KRW 350 million," and that it is stated in G's certificate as "the purpose of guarantee for payment of KRW 350 million,000,000,000,000 which is issued to the creditor," it is doubtful that the complainant is not authorized to guarantee the defendant only for KRW 350,000,000,000,000,000 won. However, there is no stipulation that the complainant is limited to KRW 350,000,000 from the beginning that the defendant and the creditor were aware of the fact that the complainant would have borrowed KRW 50,000,000,000 from the beginning, it is difficult for the complainant to easily understand that the above purport is not stated in the original document, instead of the creditor, and there is no request from the defendant who caused joint and several documents.