The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal stated H’s consent to prepare the loan certificate of this case

Although it is difficult to see it, the lower court acquitted the charged facts of this case.

2. The burden of proving the facts charged in a judgment in a criminal trial shall be borne by the prosecutor, and the conviction shall be based on evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt that the facts charged are true.

Therefore, if there is no such evidence, even if there is suspicion of guilt against the Defendant, it is inevitable to determine the interest of the Defendant as the benefit of the Defendant (see Supreme Court Decision 2010Do9633, Nov. 11, 2010). For the same reason, the lower court proven, without any reasonable doubt, that the evidence submitted by the prosecutor alone, without H’s presumption or implied consent, the Defendant voluntarily prepared the instant loan certificate.

It is difficult to see

The decision was determined.

Considering the circumstances cited by the lower court and the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court was justifiable to have acquitted the facts charged of this case.

① The H stated to the effect that the corporate seal impression was always kept by himself/herself, except as he/she had been assigned to a law firmO, and that there was no delivery of the Defendant to use it (300 pages of investigation records). If the H’s statement was made as above, the loan certificate in this case was directly prepared by H, or was kept in the custody of corporate seal impression in the law firmO.

② Although an attorney-at-law in charge of P did not directly regard the process of drawing up the instant loan certificates, he stated to the effect that at the time Defendant, P, and H were together engaged in the process of drawing up the instant loan certificates, and that he issued a certificate of seal impression to H (the investigation record No. 201-203, the trial record No. 177). P was also issued the instant loan certificates on the job with H.