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The prosecutor's appeal is dismissed.
Reasons
1. The court below found the defendant not guilty on the ground that the non-self-denunciation contract prepared by the defendant in the summary of the prosecutor's grounds of appeal (hereinafter "the document of this case") is a document in the name of F, and the defendant prepared and used the document of this case without the F's consent.
2. Determination
A. The lower court found the Defendant not guilty on the grounds that the document in this case is likely to be deemed a document in the name of F and that the Defendant could not be deemed as a document in the name of F, on the grounds that F does not correspond to the subject to whom the rights and obligations accrue in the non-self-denunciation agreement, which is the content of the document in this case, but only specified F as the person in charge of C Co., Ltd (hereinafter “instant company”) who is a party to the above contract, and that the Defendant was entitled to prepare the document in this case under the name of the instant company.
According to the evidence duly admitted and investigated by the court below, the decision of the court below that acquitted the facts charged of this case is just, and there is no error of law that affected the conclusion of the judgment as alleged by the prosecutor.
B. (1) In the first instance trial, the additional prosecutor of the ancillary facts charged of the instant case maintained the facts charged as the primary facts charged and applied for the amendment of a bill of indictment added to the facts charged as stated in the “preliminary facts charged,” and applied for the applicable provisions of the Act as “Article 239(1) and (2), Article 37, and Article 38 of the Criminal Act,” and applied for the amendment of a bill of indictment added to the facts charged as stated in the “preliminary facts charged,” and the subject of the trial was added by the court.
(2) The Defendant of the ancillary charge is a person in charge of overseas employment-related work in Yeongdeungpo-gu Seoul Metropolitan Government E building 1108.
around October 18, 2011, the Defendant was delegated by F with the authority to prepare in the above C.