The defendant shall be innocent.

1. The summary of the facts charged of the instant case was, from April 17, 2002, the Defendant borrowed KRW 90 million from D in around 2004, while holding Ulsan-gu C Borrowing 103 (hereinafter “the instant loan”). On October 2, 2008, the Defendant transferred the ownership of the instant loan in the name of E, a son of D in order to partially repay the debt.

At the time, there is an infinite tenant who entered into a lease agreement with the amount equivalent to KRW 21 million, monthly rent of KRW 150,000,000, and the above D implicitly delegated the Defendant with management of monthly rent contracts and various taxes, etc. of the lending of this case, and the Defendant, upon delegation, managed the lending of this case from around that time.

D, around October 2014, the Defendant, on behalf of D, did not have the right to enter into a lease agreement of the instant loan on behalf of D, with the purport that “the subject to the prompt removal of the loan of this case, and any longer tenants,” through Dong F.

On November 20, 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with H real estate brokerage office located in Ulsan-gu G, Ulsan-gu, with the term of lease from December 8, 2014 to December 7, 2016, and with the deposit of KRW 50,000,000,000 (hereinafter “the lease agreement”), and entered into the lease agreement with the I as “A Dong 511, K, and E” in the column of the site for the lease of real estate in the name of the lessor.

E affixed a seal on the E’s name.

As above, the Defendant forged one copy of the real estate lease agreement in the name of E, a private document concerning rights and obligations (hereinafter “the lease agreement of this case”), and exercised the forged real estate lease agreement as if it were a document duly formed.

2. Determination:

A. The prosecutor bears the burden of proving the facts charged in a criminal trial, and the conviction is recognized.