The prosecutor's appeal is dismissed.

1. Summary of the facts charged

A. A. Around June 2015, the Defendant forged private document: (a) printed out the power of attorney to the effect that “D delegates authority to all acts, such as sale and purchase of land E (hereinafter “instant land”) owned by the Defendant located in Yongsan-gu, Yongsan-gu, Yongsan-gu; and (b) recorded “D” on the right-hand side of the delegating’s name; and (c) affixed a seal imprint on the right-hand side of the Defendant’s name obtained through the Defendant’s wife F.

Accordingly, for the purpose of uttering, the Defendant forged a letter of delegation in the name of D, a private document on rights and obligations.

B. Around June 2015, the Defendant at the above real estate office, issued a forged D’s power of attorney to G not aware of such circumstances.

C. Around December 2014, the defrauded concluded that “The instant land was purchased, and was delegated by D, the owner of the land.”

However, in fact, the instant land was the land in the name of D, and that D did not permit the sale and purchase of the said land. Therefore, even if the purchase and sale was paid from the victim, the Defendant did not have any intent or ability to transfer the ownership of the said land to the victim.

On June 2015, the Defendant concluded a sales contract with the victim to the effect that “The instant land shall be sold at KRW 220 million, but the down payment shall be KRW 130 million on the date of the contract, the intermediate payment shall be paid on December 22, 2016, and the balance shall be paid at KRW 70 million on February 28, 2017.”

The Defendant, as above, deceiving the victim and deceiving him from the victim on January 5, 2015.