The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below acquitted the Defendants of the facts charged in this case, although the Defendants conspired to obtain qualification as the president of the clan and sufficiently recognized the fact that they made a copy of the lease agreement, which is a private document regarding the rights and obligations of the clan, and used it. The court below erred by misapprehending

2. Determination

A. Summary of the facts charged in the instant case 1) The Defendants preparing private documents for qualification reproduction are the clan members of the E clan.

Defendant

A, while growing trees, etc. by leasing 26,090 square meters and 7 lots from F, which are the descendants of the same clan, the said clan, was not paid rent for the said land to F on the ground that the said F was recklessly wasteed of the clan property.

Then F filed a civil suit against Defendant A at the Yan District Court of Gwangju, seeking an amount equivalent to the transfer of the above land and the rent for the said land. Around November 15, 2013, F ruled that the above wood application was “Defendant A shall pay the amount equivalent to the rent for the said land to F,” and the above judgment was finalized around August 8, 2014.

After the judgment below became final and conclusive, the defendants appointed H as the representative of the above clan through a legitimate general meeting of shareholders even though the representative of the clan was not legally changed to H with the aim of evading the payment of rent to F.

It refers to the family name of the above clan, and it was recruited to prepare a lease agreement with the content that the above land is leased to Defendant A.

On January 25, 2015, the Defendants: (a) at a restaurant in which it is difficult to ascertain the trade name in the Yong-gun, Yong-gun, Yong-gun; (b) Defendant B’s “I head H” in the lessor column; (c) in the lessee column, “A”; and (d) in the list column, the Defendants’ rent for the said real estate is KRW 5,00,000 per year; and (c) in the rent-related content, the rent for the said real estate is KRW 26,09,000.

The payment of rent shall be made until May 31, 2015 to the head of the Tong opened by the general secretary for the management of the clan property.