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The prosecutor's appeal is dismissed.
Reasons
1. The judgment of the court below which acquitted the defendant of the facts charged of this case, even though the facts charged of this case can be fully acknowledged according to evidence such as C's statement, which can show the summary of the grounds for appeal.
2. Determination
A. On January 27, 2005, the summary of the facts charged in the instant case is that the Defendant: (a) decided to transfer the Defendant D to the Victim C with limited liability; and (b) obtained the victim’s seal and certificate of seal impression, etc. from the victim to prepare “the management right of the Company and the comprehensive transfer contract for the transfer of the said D; and (c) obtained the victim’s seal and certificate of seal impression from the victim; and (d) made E, an employee of D, by using the computer, borrowed the said money by the debtor C by using the computer.
Interest shall be repaid by the last day of each month by sending it to Ha by February 28, 2005.
On January 27, 2005, “A” had the obligor C and the obligee signed and sealed the seal prior to the custody of C’s name and forged a cash consumption lending contract, which is a private document on the rights and obligations under C’s name.
Around January 2015, the Defendant was in custody of the forged monetary consumption lending contract as above, with the intention of raising a civil lawsuit as if he lent KRW 100 million to the victim C, and requested G to prepare an application for the payment order from the F attorney office located in the Seocho-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, and stated that the Defendant would have lent KRW 100 million to the victim as if he had been aware of the fact that the Defendant leased the victim, and the above G would have “C shall have the debtor C as a joint guarantor of the debtor H, with the amount of KRW 100,000 from the Defendant until February 28, 2005, and did not borrow and repay the above money at all. Thus, the Defendant would have prepared an application for the payment order to pay KRW 100,000,000 to the Defendant on January 8, 2015.