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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
except that this judgment.
Reasons
1. The summary of the grounds for appeal (based on factual errors or misapprehension of legal principles) and the following facts and circumstances acknowledged by the prosecutor’s evidence submitted by the prosecutor: (a) C has delegated the cancellation of the right to collateral on condition that he/she would dispose of real estate indicated in the facts charged to E and repay his/her debts; (b) as E did not dispose of the said real estate and eventually failed to repay his/her debts to C, it shall be deemed that the above delegation becomes null and void; (c) otherwise, C has not delegated or consented to the cancellation of the right to collateral; and (d) E has kept documents necessary for cancellation of the right to collateral in the court of original instance, but E has stated that it did not delegate the cancellation of the right to collateral; (b) even if two years have passed since the letter of delegation and the letter of delegation were prepared at the time of application for cancellation of the right to collateral security; (c) Defendant B requested the above registration from the prosecutor to file an application for cancellation of the right to collateral security without obtaining prior confirmation as to whether it was delegated to C, etc.; and (d) was sufficiently recognized by a certified judicial scrivener at the instant document.
Nevertheless, the court below found the Defendants not guilty of the facts charged of this case on the ground that the Defendants were not guilty of forging private documents or intentional use of private documents, and erred by misapprehending the legal principles, thereby affecting the conclusion of
2. Judgment on the prosecutor's grounds for appeal
A. The summary of the facts charged in the instant case is as follows: (a) around February 4, 2013, to E, who is an actual manager of D Co., Ltd. (hereinafter “D”) and KRW 500 million, the amount leased by C to E is KRW 57 million.2 million.