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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the prosecutor's appeal grounds for appeal is consistent with D's statement that the defendant did not permit the issuance of KB card to the defendant or prepare a receipt is highly reliable, while the defendant was able to obtain the driver's license at the time, and the defendant's defense was not consistent, and the defendant's defense was found as a result of the psychological physiological test against the defendant, and it is difficult to believe that there was any error of law by misunderstanding the facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.
2. The summary of the facts charged in this case is as follows.
On December 8, 2009, the Defendant, at his own house of Songpa-gu Seoul, Songpa-gu C and 402, entered the KB card membership application and receipt thereof in the name column by using a non-legal pen to enter “D” and “E” in the resident number column for the purpose of exercising the rights and obligations of the victim, and then forged the application form for the membership of the KB card membership and receipt thereof to the administrator of the KB card delivery for the purpose of exercising the rights and obligations.
Accordingly, for the purpose of exercising the rights and obligations of victims, the Defendant forged the application form for subscription to the KB Card Member and the receipt form, and exercised one copy of the forged KB Card Member's application form and receipt.
3. Determination
A. The lower court: (a) as evidence consistent with the facts charged in the instant case, there are D’s statements at the investigative agency and the lower court and one copy of the written application for membership and receipt of the alleged forged membership (hereinafter “instant application”); (b) in light of the following circumstances revealed by the record, it is difficult to believe that D’s statements are true; and (c) the remaining evidence submitted by the prosecutor alone proves that the facts charged in the instant case were proven without reasonable doubt.
For reasons that it is difficult to see, the court pronounced innocence.
At the time of bad credit.