All of the appeals by prosecutors are dismissed.

1. The summary of the grounds for appeal is as follows: (a) the Defendants, without the resolution of the general meeting of clans or the board of directors of the E (hereinafter referred to as the “instant clan”), made a written contract for real estate sale of 2,830 square meters (hereinafter referred to as the “instant land”) in the name of the representative of the E (hereinafter referred to as the “instant clan”); and (b) such written contract constitutes a crime of drawing up a private document for qualification, which is an act for the first time with the authority of the representative.

2. The lower court determined that: (a) Defendant B was authorized to prepare a real estate transaction contract in the position of the president of the instant clan; and (b) the general meeting held on February 8, 2015 during the instant clan, which held on February 8, 2015, passed a resolution to delegate to the board of directors the authority concerning the disposal and rights of the instant land.

However, it is difficult to recognize that the Defendants’ act of preparing the instant transaction contract constitutes a crime of preparing private documents for qualification, on the grounds that Defendant B cannot be deemed to have no authority to prepare the instant transaction contract because it is merely a clan’s internal decision making, and that Defendant A made the instant transaction contract with Defendant B’s consent and signed and sealed his name as his agent.

In light of the facts charged, the lower court acquitted the instant charges.

3. Determination on whether a deliberation was made

(a) If a person who has the power of representation or authority of representation prepares a document in the beginning of his/her authority, a crime of preparing private document prescribed in Article 232 of the Criminal Act is established.

According to the records, ① the clan of this case decided to sell the land of this case at the ordinary meeting of February 8, 2014 to delegate its executive officers with the authority to manage the disposal of the land of this case and purchase of buildings (Evidence No. 22 pages), ② the sales contract of this case (Evidence No. 27 pages) was prepared as of March 17, 2015, and there was no resolution of the board of directors at the time of the resolution of the board of directors, and the Defendants also did not go through the board of directors.