The prosecutor's appeal is dismissed.

1. Although the summary of the grounds for appeal cannot be deemed to have made a serious effort to recognize illegality by the defendant with his intellectual ability, the court below acquitted the facts charged of this case on the ground that there is a reasonable ground for the defendant's error of prohibition and error of law.

2. Determination

A. The summary of the facts charged in the instant case was elected as the president of the partnership at the general meeting of executive officers around April 19, 2014, but around June 5, 2015, the Defendant suspended his/her duties due to the Seoul Northern District Court Decision 2014Kahap20188 General Assembly Resolution and the decision of suspending the effect of the resolution and suspending the suspension of duties (hereinafter “the decision of provisional disposition in this case”). However, around August 5, 2015, the Defendant prepared “A” in the column of the mandator who was the delegating in the Seocho-gu Seoul Metropolitan Government B law office C of Seocho-gu (hereinafter “the delegation contract in this case”).

1. The D Association (hereinafter “the D Association”) entered “A” as the president of the Association, and entered “B (Mandatary E and Attorney F)” as “B (Attorney E and Counsel F)” in the mandatary column, and affix the official seal of the Association A attached to the president of the D Association.

Accordingly, for the purpose of exercising authority, the defendant prepared one copy of the delegation contract of this case, which is a private document concerning rights and obligations, using the qualification as the president of the above partnership without authority, and exercised it by delivering one copy of the delegation contract of this case, which is prepared with qualification as above, at the time, at the above time, and at the above place, to the employee

B. The lower court’s determination was based on the following circumstances, i.e., ① the Defendant’s execution of duties as the head of the partnership was suspended due to the instant provisional disposition decision on June 5, 2015, but the acting director was not appointed, and the head of the partnership, as well as the head of the association, was suspended from performing duties for all of the directors and auditors, and the acting director under the articles of incorporation of the association of this case is virtually difficult to be appointed, and ②.