The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below found the defendant not guilty of the facts charged despite the fact that the defendant voluntarily prepared a party appointment form under the E without consent of E, but there is an error of mistake of facts

2. Summary of the facts charged

A. On November 2009, the Defendant forged private document: (a) filed an application for succession intervention with Seoul Seocho-gu Seoul Metropolitan Government Food Business Division (Seoul High Court 2009Na61492) on the lawsuit of demurrer against succession (hereinafter “instant lawsuit”); (b) attached to the application for succession participation, the Defendant affixed a seal of the E’s name attached to the “party appointment”, among five designated parties, and sealed the seal of the E’s name attached to the “party appointment”).

However, the defendant did not obtain consent from E to the selection of the appointed party.

Accordingly, for the purpose of exercising, the Defendant forged a letter of party appointment under E, a private document on confirmation of facts.

B. On November 27, 2009, the Defendant submitted a forged party appointment document to a court employee who is not aware of the forged circumstances at the Seoul High Court's Seoul High Court General Receipt Office at Seocho-gu Seoul High Court at the Seocho-gu Seoul High Court, Seocho-gu, Seoul, as if it were duly constituted.

3. The lower court rendered a judgment on the grounds that, in light of the following various circumstances, it is difficult to believe that the Defendant voluntarily prepared a party appointment letter, even though the Defendant did not consent to the preparation of the party appointment letter, there is no other evidence to acknowledge forgery. Rather, at the time of the Defendant’s preparation of the party appointment letter under the name of E, E consented to it explicitly or implicitly, or at least, it is presumed that he had consented to it if he had known such circumstances at the time, and that there was no other evidence to acknowledge forgery.

(1) A corporation that is a multi-level company.