The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. The defendant (person in fact) deceiving the victim as a false statement, thereby allowing the victim to prepare a power of attorney or a certificate of loan to provide joint and several surety for the defendant's obligation of 14 million won against D, or not to use a power of attorney or a certificate under the victim's name by forging the power of attorney or a certificate of loan, and there was no fact of using a forged power of attorney or a certificate of loan by making the victim enter false facts in a notarial deed.

B. The prosecutor (e.g., a fine of KRW 20 million) of the lower court is too uneased and unreasonable.

2. Determination:

A. A. Around April 27, 2017, the summary of the facts charged (1) the fraud Defendant made a false statement to the victim C that “When there is KRW 72 million, a civil engineering work may be conducted on a person’s land within which he/she knows, and then sold KRW 1,200,000 on a yearly basis, after which he/she performed a civil engineering work on a person’s land. The fraud Defendant would borrow KRW 100,000 upon signing on the power of attorney and borrowing KRW 120

However, in fact, even if the victim signed the power of representation and issued the certificate of seal impression, the victim was merely intended to use the obligation to guarantee the payment of KRW 140 million to D, and there was no intention or ability to conduct the sale business after purchasing the land by borrowing KRW 100 million from D.

As such, the Defendant, by deceiving the victim, obtained the proxy signature from the victim at the same place on May 23, 2017, and obtained the certificate of personal seal impression at the same place on May 24, 2017, and acquired the same amount of pecuniary benefits as the joint and several surety for the debt amounting to KRW 140 million for which the Defendant assumed D.

(2) On July 21, 2016, the Defendant engaged in the fabrication of private documents and the uttering of a falsified document: (a) around July 21, 2016, the Defendant created a right to collateral security on the land of Pyeongtaek-gun in Gyeonggi-do, which was owned by D with the consent of D for the purpose of securing its obligation; and (b) on February 28, 2017.