On April 24, 2009, the Defendant entered “B”, “D”, and “A” in the “B” and the “B” in the “B” column in the “B” column in the name of the subscriber to the application for membership of the Lelb Telecom Youth, at the agency of Gwangju North-gu, Gwangju, the Defendant signed on the side after entering the “A” in the agent column.

Accordingly, for the purpose of exercising the right, the defendant prepared a letter of application for juvenile membership, which is a private document on rights and obligations, using the qualification of agent in the above B.

B. At the above time and place, the Defendant: (a) delivered the cell phone juvenile entrance application prepared as above to the above agency who knew of such fact; and (b) exercised it.

2. Determination

A. Whether the document constitutes a crime of preparing qualification documents or private document shall be determined on the basis of whether the document in question contains the qualification of another person in preparing the document, and whether the content of the document is true or not shall not have any influence. If the representative or agent of another person has the authority to prepare the document in his/her representative or proxy name, even though the content of the document in question is prepared for the purpose of pursuing his/her own interest or a third party's interest by false or abuse of authority, it shall not be established

(See Supreme Court Decision 2007Do5838 Decided October 11, 2007, and Supreme Court Decision 2010Do1040 Decided May 13, 2010, etc.) B.

According to the health team and the evidence submitted by the prosecutor, B, from 200 to 200, was living together with his father, and the defendant prepared and exercised the above application for juvenile membership as the legal representative of B as stated in the facts charged, but on the other hand, the defendant and B are recognized.