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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (in fact-finding) G and the F referred thereto stated that the Defendants did not accept the delegation of the work body to K, and that K did not consider the decision-making authority even if the Defendants performed the work related to the Defendants, and that K did not make a decision-making authority; and that K’s statement is consistent with the above, if the decision-making was made upon report to the Defendants in the original court and confirmation, the Defendants continued to perform the work and signed and sealed the seals under the implied instruction of the Defendants. In light of the above, it can be deemed that the Defendants participated in the preparation of each of the documents of this case.
In addition, in light of the fact that Defendants, G, and F did not perform the instant construction before the payment of the balance and transfer of name, the Defendants failed to pay the balance by the due date, G, and F consistently stated that there is no implied consent from the investigative agency about the authorization and permission of the instant development project from G and F, each of the instant documents is difficult to be deemed to have been prepared with the consent of G and F.
Nevertheless, the judgment of the court below which acquitted the Defendants is erroneous in misconception of facts.
2. Determination
A. The summary of the facts charged in the instant case is that Defendant B is a movable development company and a construction executor (ju) D, and Defendant A is the representative of the said company, and the Defendants are the married couple.
(1) On July 2009, the Defendants conspired with each other, in a company’s site office located in Gyeonggi-gun E and 12 parcels, to exercise the document, “I agree to use FC for the purpose of obtaining permission for the occupancy and use of the site indicated in the above 3. Road occupation and use for the purpose of obtaining permission (entry),” and then enter F in the column “Road User” and affix the FF’s seal thereto at will.