사문서부정행사
The appeal is dismissed.
The grounds of appeal are examined.
1. As to the misapprehension of the legal doctrine on the crime of forging documents
A. The legal interest in the protection of the crime of forging and accompanying a document is the public trust for the document, and thus, “whether the document is the original” is an important transaction and copying the document with the original without any other manipulation for the purpose of exercising the copy of the document as if it were the authentic original, and then using the copy of the document as if it were the original is the crime of forging and accompanying a private document.
In addition, the crime of forging one private document is established when the form and appearance to the extent that the nominal owner can regard it in writing, which is sufficient to mislead the general public into the true private document of the nominal owner.
B. Examining the facts and records acknowledged by the court below in light of the legal principles as seen earlier, each letter of delegation and the statement and form in the name of the Seoul Local Attorney Association, which are accompanied by or copied together with the power of delegation of the complaint, the letter of appointment of an attorney-at-law to whom the pertinent certificate was attached, passed through the Seoul Local Attorney Association. Since it is a document confirming that an attorney-at-law paid the prescribed transit membership fee, it shall be submitted to the court, investigation agency, or public institution, and a copy shall not be substituted by the original. However, even if the defendant submitted 20 or 10 copies to the investigating agency individually in order to raise a criminal complaint against the violation of the Act of Korea by the client, 30 copies of the defendant's lawsuit, who is the defendant, 40 copies of the original copy of the authentic transit certificate (Y, AZ) issued by the Seoul Local Attorney Association, and then copied it with the original copy (Y, AZ) attached to each one of the power of delegation of the complaint.