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The prosecutor's appeal is dismissed.
Reasons
1. With respect to the forgery of a private document and the uttering of a private document, if a person who has the authority to prepare a document, even though he was authorized to do so, causes damage to the delegated person by committing another criminal act through the preparation and exercise of the document, the crime of forging a private document and the crime of uttering of the private document shall be established. In this case, the defendant committed another criminal act by preparing and exercising the document, and thus, the defendant has the authority to prepare the document.
Even if there is a crime of forging private documents and uttering of private documents, it is established.
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in the misapprehension of legal principles.
2. Based on the evidence duly adopted and examined by the court below concerning the fabrication of private documents and the uttering of private document among the facts charged in this case, the court below found the defendant not guilty on the ground that the preparation of the contract for the sale in this case and the receipt, and the letter of undertaking within the scope delegated by E constitutes a case where there is no proof of crime. In light of the records in this case and the reasoning of the judgment of the court below closely compared with the above, the court below's above judgment can be accepted, and as long as it can be seen that the above contract for the sale in this case was prepared within the authority delegated by the defendant, even though the defendant is liable for fraud against G who prepared the above contract for the sale in this case, it is difficult to view that the preparation and use of the contract for the sale in this case by the defendant constitutes a crime of forging
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.