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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) C and D, the other party to the use of the falsified investigation document, are consistently stated as to the important part of the instant case. In light of the above C and D’s statements, etc., the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though it can be recognized that the Defendant, as indicated in each of the instant facts charged, forged the instant document and used it as a document that was duly formed.
2. Determination
A. The gist of the facts charged in the instant case lies in issuing a credit card in the name of C on the basis that the Defendant had custody of his pro-friendly C’s resident registration certificate.
1) On January 6, 2012, the Defendant forged a private document, which was kept at the bar line located at the original city level, and entered C’s name, resident registration number, etc. in the form of a card member registration application, and signed C’s name in the applicant column. For the purpose of exercising rights and duties, the Defendant forged one copy of the registration application for a card member registration in the name of C, which is a private document on rights and duties. 2) The Defendant used the same as a document, which was forged at the above date, at the above time, and at the above place, issued to D, who is an employee of the card, one copy of the registration application for a card member registration, and exercised it.
B. The lower court found the Defendant not guilty on the grounds that each of the above C and D’s statements was not reliable, and the evidence presented by the Prosecutor alone, which was not sufficient to prove the Defendant guilty of each of the facts charged in this case.
C. The crime of forgery or alteration of a private document refers to the preparation of a document by a person who is not authorized to prepare the document in the name of another person. Thus, the private document is written.