The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the court below acquitted the defendant of this part of the facts charged, although the defendant could have forged one copy of the business registration certificate under the name of the director of the South Incheon District Tax Office, such as the facts charged, and sufficiently recognized the fact that the defendant exercised it. The judgment of the court below is erroneous in the misapprehension of facts

B. The sentence of unfair sentencing (two years of probation, probation, community service, etc. in October) by the lower court is too uneasy and unreasonable.

2. Determination

A. In a criminal case of a judgment on a mistake of facts, the prosecutor presents evidence that there is a criminal fact in the criminal case of a judgment on a mistake of facts, and even if the change of the defendant's lawsuit is unreasonable and false, it cannot be disadvantageous to the defendant due to such reason. The proof of criminal facts must have a judge have a high probability to recognize high probability to the extent that there is no reasonable doubt, and if there is no evidence to form a conviction to the extent that there is no evidence to establish such a degree, the

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2007Do163 Decided November 30, 2007, etc.). Examining the reasoning of the acquittal portion against the Defendant in light of related evidence and records, the lower court forged the business registration certificate under the name of the director of the tax office of South Korea, on the grounds stated in its reasoning.

In addition, there is no sufficient evidence to acknowledge that a person knowingly used the forged facts, and thus, it is just to determine the innocence on the charges of this part, and there is no other sufficient evidence to deem that this part of the facts charged has reached the degree of high probability beyond the doubt of conviction. Thus, the prosecutor's above assertion is without merit.

B. The motive and motive of the instant crime in determining unfair sentencing.