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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (misunderstanding of facts), the lower court found the Defendant not guilty of the facts charged of the instant case due to mistake of facts, although it was sufficiently recognized that the Defendant forged or used private documents as stated in the facts charged.
2. Determination
A. The summary of the facts charged 1) The Defendant, on June 20, 201, using a computer installed at the Moel Information Center located in Seojin-gu, Seojin-gu, Seoul on June 201, 201, provided that “Implementation A, F, and these actors shall understand and agree each of the following provisions and faithfully implement them. From May 201, the aforementioned parties shall, under their agreement, return to live together by promising the return of the following marriage and marriage at the Madong-gu, Seojin-gu, Seoul.
“A letter of performance to the effect that it is called” was drawn up and printed out two pages, and around that time, F’s seal imprint 2 F of F was stamped by name.
Accordingly, the defendant, for the purpose of holding the event, committed a set of two copies of the performance, which is a private document in F’s name, respectively.
B) On February 22, 2012, the Defendant: (a) drafted a computer in the Moel Information Center as “A’s creditor, debtor F, and borrowed money”; and (b) around that time, the Defendant affixed F’s seal impression following the debtor’s F’s name in front-si G loan No. 105.
Accordingly, the Defendant forged a copy of the F’s private document, which is a private document on the rights and obligations in the F’s name for the purpose of the event.
C) On August 28, 2013, the Defendant forged a copy of the F’s loan loan certificate of KRW 3 million in the name of F for the purpose of exercising the right in the same manner as that of the foregoing sub-paragraph (b) at the office of a construction enterprise located in the Seoul Special Metropolitan City H “I” located in the Seoul Special Metropolitan City.
2) On October 27, 2014, the Defendant: (a) filed with the Jeonju District Court an application for provisional disposition prohibiting the transfer or disposal of corporeal movable property with F (2014da 3659); and (b) a claim for return of loan (2011517) and forged as described in paragraph (a).