The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In the event of mistake of facts (the part concerning the violation of the Resident Registration Act, the forgery of private documents, and the uttering of a falsified document], the Defendant did not inform B of the resident registration number of G in collusion with B of the unlawful use, and forged the power of attorney for land surveying in the name of G and submitted it to the Korea Cadastral Corporation branch office.

(2) [Violation of the National Land Planning and Utilization Act] The construction of a road of approximately 134 square meters in the F land owned by G is not the defendant but M.

Nevertheless, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty.

B. The lower court erred by misapprehending the legal doctrine, which found the Defendant guilty of this part of the facts charged against the Defendant, even though the Defendant, who notified B of the resident registration number of G and ordered B to draw up and survey the proxy form of G, because it was based on G’s “presumed consent” and thus, cannot be established as a forgery of private documents, uttering of a falsified investigation document, and violation of the Resident Registration

2. Determination

A. This part of the facts charged and the summary of this part of the judgment of the court below regarding the violation of the Resident Registration Act, the fabrication of private documents, and the uttering of a falsified document are as follows: ① The Defendant, as the president of D Co., Ltd., promoted the work of moving the company’s factory to the above company’s factory to the land located in E in E in Ycheon-si, and the road entering the above land is less than F land adjacent to the above land.

On the other hand, G, the owner of the above land, who was in the lawsuit of the above G as the damages case of Seoul High Court 2012Na17471, requested B to conduct a survey of the land in this case owned by G at the office of the above company located in the company office located in Gyeonggi-gun, G in August 2012, which operated the H surveying design office, and B needs the power of attorney of G in order to apply for the current status survey to the Leecheon-gun branch of the Korea Cadastral Corporation.