The prosecutor's appeal is dismissed.

1. The appellate court rendered a judgment of not guilty on the part of the facts charged in the instant case concerning the fraud of the Defendants, the fabrication of public documents by Defendant A, and the uttering of forged public documents, on the grounds of lack of evidence.

However, according to the evidence submitted by the prosecutor, since all the above facts charged are recognized, the above judgment of the court below is unlawful as it is based on misconception of facts.

2. The summary of the facts charged is the representative director of L Co., Ltd. (hereinafter “L”), and Defendant B is a person engaged in landscaping business.

The fact that L is granted a license for electricity generation business, such as wind and solar energy, is not possible to implement the business without undergoing the procedures necessary for the prior examination of environmental impact, permission for development, permission for conversion of mountainous district, etc., and despite the absence of any intention or ability to transfer the right to mine trees, etc., the Defendant A, as if it is possible to extract pine trees from the prospective site for the business, has received money from victims as contract deposit and acquired it.

(1) Defendant A and B’s joint crime committed a false statement as above to Defendant A and Defendant B introduced the victim who entered into the aforementioned false contract, and Defendant B introduced the victim to Defendant A, divided the amount of the money by fraud under the pretext of introduction, or conspired to directly enter into the contract and to provide Defendant A with a certain amount.

㈎ Q에 대한 사기 피고인들은 2011. 8. 10.경 충북 옥천군 R에 있는 L 사무실에서, 피고인 B가 S를 통하여 소개받은 피해자 Q에게 "경주시 T 일대 임야 약 60,000평에 태양광발전소 사업장을 확보해 놓았고, 경주시로부터 인허가를 받았다.

The permission to excavate pine trees in the place of business shall be September 201.