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The prosecutor's appeal is dismissed.
Reasons
1. According to the victim's statement in the first instance court's summary of the grounds for appeal, although it is recognized that the defendant forged a sales contract for apartment sale in the name of F and a receipt in the name of F in the name of F and issued as if it was duly formed, the court below acquitted the defendant of the facts charged. The court below erred in the misapprehension of facts due to incomplete deliberation, which affected the conclusion of the judgment.
2. Determination
A. On August 2009, the Defendant: (a) held that, in order to prepare a written agreement between the Housing Association and the Emergency Countermeasure Committee on the sale price from E, the actual owner of the right to sell a house of 112.39 square meters among the D apartment in Kimpo-si, Kimpo-si, Kimpo-si; (b) held the Plaintiff’s seal impression of E, the owner of the right to sell a house in the name of the said right to sell a house as his agent; and (c) sold the said right to sell it to G.
1) On August 31, 2009, the Defendant: (a) at the office of the I Licensed Real Estate Agent in Yeonsu-gu Incheon, Yeonsu-gu, Incheon; (b) had his employee J, who is aware of the fact, enter the name of the seller in the column for indication of real estate in the column for indication of real estate by using a mix in the form of the sales contract using the mix, “12.39, Gyeonggi-do Kimpo-si,” “12.39,” “10,000 won” in the sale price column; (c) “one hundred million,000 won” in the remainder column; (d) “one hundred million,000 won in the remainder column”; and (e) “F’s seal” in the seller column after having the seller enter the “Seoul City Loneba 202F” in its name.
Accordingly, for the purpose of exercising, the Defendant forged a sales contract for apartment sale in the name of F, a private document on rights and obligations.
B) At the time, at a place, as referred to in subparagraph (a), the Defendant’s J, who may know of the fact, has the employee J, “day0 million won” in the form of the receipt using a mix on the receipt paper, “Gimpo Down Down Deposit” in the detailed column, and “the date of issuance” in the column of the date of issuance.