The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The Defendant did not forge a real estate business agreement under H’s name on November 5, 201, as indicated in the lower judgment (hereinafter “self-employed agreement”)

On the other hand, although the Defendant created a real estate partnership agreement under the name of H on November 5, 2009 (hereinafter “the first lease agreement of this case”) and a lease agreement under the name of I as stated in the judgment of the court below (hereinafter “the lease agreement of this case”), it does not constitute forgery by mutual agreement with H, which is the husband of the I.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 80 hours) is too unreasonable.

2. Determination

A. 1) On October 2012, the Defendant is required to make an investment in KRW 500 million by means of “A real estate partnership agreement” under the title of “A real estate partnership agreement” with the Defendant’s wife using a computer at a non-permanent location on a around October 2012, by means of the computer.” The Defendant’s wife I paid the remainder of the auction proceeds to the Chungcheongnam-gun, Hongsung-gun, F, and G, one half of which are invested by the Defendant and H, and one half of its profits are divided.

On November 5, 2011, a partner Gap and Eul made a file containing the contents of "H", etc. and output it into a flter and affix H's seal prepared in advance to H's name.

Accordingly, for the purpose of uttering, the Defendant forged the title of the real estate business agreement in the name of H, which is a private document on rights and obligations.

B) On October 2012, the Defendant indicated the name, address, resident registration number, and resident registration number of the Defendant in the column of the location of the “Monthly Daehan-gun JA 3rd floor,” in the gold guarantee column, “Seocheon-gun J. 3rd floor,” and “Seocheon-gun, 6 November 2009,” and “I’s name, address, and resident registration number in the lessor column,” and marked I’s official seal prepared in advance following I’s name.

This is about the rights and duties of the defendant for the purpose of exercising.