The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant, as the contractor of the instant construction, did not have the authority to conclude a subcontract on behalf of the contractor and subcontractor C, and the Defendant, even though he was well aware of this fact, prepared two copies of the contract agreement with C’s agent qualification.

Nevertheless, the court below found the defendant not guilty of the facts charged on the ground that it cannot be readily concluded that the defendant has a criminal intent to use qualification, and found the defendant guilty of mistake of facts.

2. Determination

A. A. Around August 4, 2016, the summary of the facts charged: (a) the Defendant prepared a written oath to the effect that “after the termination of the contract between C and D for the construction of a commercial building, the owner of a commercial building 4 and the owner of a commercial building on three lots of land, Echeon-si and E-si, and that “after the termination of the contract between C and D for the construction of a commercial building, the Defendant shall receive the balance of KRW 184 million remaining under the said contract from C and completed the construction after being awarded the contract by contract with C; (b) however, there was no fact that

Nevertheless, around August 15, 2016, the Defendant subcontracted the steel frame construction to G which operates the LAF in containers located at the construction site of the above E, and entered the name of the Defendant in the LAF representative column of the contract, entered the Defendant’s personal information and his/her agent in the LA, and entered the Defendant’s personal information in the LA’s signature and seal column in the sign and seal column, affixed the Defendant’s seal and affixed the seal to the J who operates I at the same site of the contract, and subcontracted the LA to the LA operating the I at the same site of the same site of the contract, entered the “I J” in the LA representative column, written the Defendant’s personal information and his/her agent’s personal information in the LA’s signature and seal column, and written the Defendant’s personal information in the LA’s signature and seal column and written the Defendant’s personal information as the contractor’s agent’s agent’s seal and affixed the Defendant’s seal.