The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant is guilty of forging, uttering, and fraud of private documents (victim B) with the consent of the victim B (hereinafter “instant power of attorney”) on June 2017, with the consent of the victim B.

C Co., Ltd. (hereinafter “C”) even after drawing up the power of attorney of this case.

(2) The Defendant, who is an employee of H, was informed of the fact that the proxy form was made to the victim B through the victim’s employee H. In order to settle expenses with the victim B, the Defendant received the proxy form of this case from the said victim and kept part of the progress payment as the reservation money. The victim B merely received the progress payment on June 2017, but the Defendant did not intend to deceive the said victim or obtain the progress payment by omitting his signature on the delegation form of this case. (2) While the Defendant was delegated to receive the progress payment on May 2017 from the victim P and kept it, the Defendant paid the daily wages of the above victim who was paid by the said victim on behalf of the said victim, and all the remaining progress payment after deducting all the expenses such as cleaning the amount to be borne by the said victim as the subcontractor, waste disposal expenses, and the amount to be paid by the said victim, at the time, there was no intention to embezzlement part of the progress payment to the above victim.

B. The lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the following circumstances, it is recognized that the Defendant arbitrarily prepared and transmitted the instant power of attorney in the name of the victim B to C, as stated in its holding, based on the evidence duly admitted and investigated by the lower court and the first instance court.

(1) A victim B was a "field chief at the time of the police investigation."