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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged in the instant case (1) The Defendant and A conspired to prepare a notarial deed with the content of G, a title trustee of the land H and K, in order to guarantee the Defendant’s obligation to borrow approximately KRW 800 million against the Defendant, and to forge the power of attorney in the name of G necessary to prepare it.
On October 18, 201, the Defendant and the N Licensed Real Estate Agent Office located in Seo-gu, Seo-gu, Gwangju Metropolitan City, 19 Dong 232, stated “O, Seo-gu P apartment 103 Dong 301,” in the letter of delegation column “O, Seo-gu, Gwangju, P apartment 103 Dong 301,” and stated in the letter of delegation section “a letter of deposit, a promissorysory note, a money loan contract on security deposit, a notarial deed, a money loan contract on security deposit, a notarial deed, a notarial deed, a self-contract, and a right to consent to compulsory execution, etc.” in the letter of delegation section A stated “G and Jeonnam-nam, Q” as “G,” and written the personal information in the letter of delegation section A, for the purpose of establishing a right to a site as to the land of the above H, etc. which nominal trust, and the Defendant given his seal stamp affixed by the Defendant to the name side of G’s seal imprint, thereby the Defendant conspired with the Defendant and forged the letter of delegation.
(2) On October 18, 2011, the Defendant: (a) drafted a notarial deed of money consumer loan agreement (Evidence No. 1094, No. 1094, 201) stating that “A debtor D borrowed 2.5% of interest on September 8, 2011 to DO; (b) he/she borrowed 2.5% of interest on September 8, 2011 to G; and (c) on December 7, 2011; and (d) he/she jointly and severally guaranteed by G” at the Slegal Office located in Gwangju-gu, Gwangju; and (b) exercised it by having the Defendant submit the power of attorney of the notarial deed in the name of G forged.
B. The lower court’s judgment.