The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, with the consent of the victim E, established the right to collateral security with a document related to the creation of the right to collateral security received from the victim, and did not forge or use the power of proxy in the name of the victim.

Therefore, the judgment of the court below that recognized the establishment of the crime of forging private documents and the crime of uttering of private documents was erroneous in the misapprehension of the facts.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts 1) The following facts are acknowledged in full view of the records and arguments in the instant case. ① On October 31, 2011, the victim E, the representative of W Co., Ltd., entered into a contract for the supply of goods equivalent to KRW 150,000,000,000 with D, which was actually operated by the Defendant, with the Defendant on the supply of goods equivalent to KRW 210,00,000,000, and the Defendant was supplied with 210 tons of the separated iron bars on credit from the Defendant on four occasions (the time of supply).

) However, for the security of payment of the price, the F apartment No. 6 and No. 401 (hereinafter “the apartment of this case”) owned by the victim is deemed to be the apartment of this case.

2) As to the instant goods contract, the right to collateral security was established and agreed upon (hereinafter “instant goods contract”).

(2) In accordance with the above agreement, the victim issued to the defendant all documents necessary for establishing the right to collateral security and his seal impression on the apartment of this case through P.

③ From November 4, 201 to November 25, 2011, the Defendant was supplied with iron bars worth KRW 160 million, etc., on credit, from Samnam Jae-gu Co., Ltd., and for securing payment of the said price, the Defendant was registered to establish a new mortgage with regard to the instant apartment on November 16, 201, using documents, etc. delivered from the victim, etc., for the purpose of securing payment of said price.