The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence presented by the Prosecutor, the following can be sufficiently recognized: (a) the Defendant forged a lease agreement with Fman on October 2010; and (b) exercised a forged lease agreement.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

2. Summary of the facts charged in this case

A. On October 22, 2010, the Defendant: (a) leased the Plaintiff’s private document forgery KRW 40 million on a deposit basis and KRW 6 million on a year-end basis to Nonparty E, the right holder of the case, at a certified judicial scrivener office, who is not aware of the trade name that was moved to Jeju Island; (b) the Defendant paid the Plaintiff KRW 40 million on a deposit basis and KRW 6 million on a year to Nonparty E.

However, in order to apply for the registration of the business operator under the name of the Defendant, the real estate lease contract which can prove the fact that the victim F, who is the owner of the building, rents the above building and properly acquired the right to use the building, was necessary, and thus, he/she was able to use it by forging it.

When the date of the lower order of October 2010 is unknown, the Defendant forged Chapter 1 of the Real Estate Lease Agreement (hereinafter referred to as the “Lease Agreement”) in the column for location of the real estate lease agreement, which is a private document document for the rights and obligations of the victim (the lessor) and the right and obligations of the victim (the lessor) with the seal in the column for the location of the real estate lease agreement. The Defendant forged Section 1 of the Real Estate Lease Agreement, which is a private document document for the rights and obligations of the victim’s name (hereinafter referred to as “the instant lease agreement”).

B. On November 1, 2010, the Defendant filed an application for registration of the “D Singing Practice Center” with a public official in charge of handling business registration at the Jeju Tax Office, which is located on November 1, 2010, as the Defendant’s representative, and filed for registration of the said “Ding Practice Center” with the lessor F.