The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Although the misunderstanding of facts (the forgery of a private document and the use of a private document) consistently states that F has opened a handphone in the name of E upon the request of the defendant, the court below acquitted the defendant of this part of the charges, which affected the conclusion of the judgment by misunderstanding of facts.

The punishment sentenced by the court below on unreasonable sentencing (the fine of 500,000 won) is too unhued and unfair.

Around April 24, 2012, the Defendant forged a private document in collusion with F and forged a new application under the name of E, which is a private document concerning rights and obligations by stating “E” and “I” in the name column of “E” and “I” in the resident registration number column, for the purpose of uttering in collusion with F. In addition, the Defendant forged a new application under the name of E, which is a private document concerning rights and obligations, with the signature of E, on April 24, 2012.

In collusion with F, the Defendant used the aforementioned new application in collusion with F, as if he were duly formed with F, at the office of the (K) K located in Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul (hereinafter “K”) in the National Center of the National Center of the National Center of the National Center of the National Center of the National Center of the Republic of Korea (hereinafter “K”).

The burden of proof for the facts constituting an offense prosecuted in the relevant legal doctrine criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(see, e.g., Supreme Court Decision 2008Do10096, Jun. 25, 2009). Fully considering the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court.