The prosecutor's appeal is dismissed.

1. A certified judicial scrivener with reason for appeal (misunderstanding of facts) has a statutory obligation to verify the identity of the principal in handling registration-related affairs, but the defendant does not confirm the intention of proxy of the person who has created superficies as the title holder in actually performing the affairs of the certified judicial scrivener, and thus, he/she may recognize the intention of the above Article in private documents. There exists the presumption

shall not be deemed to exist.

2. The summary of the facts charged is the chief of the D judicial scrivener office.

On July 26, 2013, the Defendant: (a) at the D Judicial Scriveners Office located in Suwon-si, Suwon-si; (b) notwithstanding the fact that the Defendant was delegated by F with the cancellation of superficies, the Defendant, without authority, determined Daehan as his agent and delegated all acts concerning the application for registration and withdrawal of real estate, and submitted to F, the Defendant, without authority, the name of F, his/her seal on July 24, 2013 in the indication column of “the power of attorney” on the real estate on the letter of delegation, stating that he/she is delegated with the cancellation of superficies; and (c) on July 20, 2004, “the cancellation of superficies” on July 20, 2004 as the superficies “the object column of registration,” created superficies on July 20, 2004 as the owner F, Gyeonggi-do, Ghosung-si, Hasung-202, and submitted the power of delegation to F, on July 35, 2013.

Accordingly, the Defendant forged a letter of delegation in F’s name, a private document on rights and obligations, and exercised it.

3. As to the judgment of the court below, the court below found the defendant not guilty on the following grounds that the defendant did not have intention to commit a crime under Article 34 of the Private Document, and found the facts charged in this case constitutes a case without proof

According to the records of this case, the defendant is an employee of a certified judicial scrivener office, and D judicial scrivener is a certified judicial scrivener.