A. In full view of the following: (a) at the time of undergoing an investigation by the prosecutor’s office, the Defendant stated to the effect that “In preparing the instant contract for supply of goods with W Co., Ltd. (hereinafter “instant contract”), the Defendant arbitrarily prepared the instant contract without notifying V at all; and (b) V andY stated that he was not notified by the Defendant in relation to the preparation of the instant contract, etc., it is difficult to deem that V was given the Defendant the right to comprehensively use the name of N in advance; and (c) it is reasonable to deem that V was to have withdrawn the granting of authority on the beginning of October 2016 even if he was given such authority, based on evidence submitted by the prosecutor, the Defendant was proven to have used the instant contract by forging it.

Nevertheless, the lower court found the Defendant not guilty on the ground that this part of the facts charged was not proven.

B. The sentence of the lower court (4 months of imprisonment, 10 months of imprisonment) is too unreasonable.

2. Determination

A. The summary of this part of the facts charged 1 is that the Defendant had the business registration certificate of the trade name “N” registered in the name of “N”, the passbook in the name of “N”, and the authorized certificate, etc., with the intention of concluding a contract for the supply of goods using the name of “V”.

Accordingly, around October 12, 2016, the Defendant entered into a contract for the supply of goods at W Co., Ltd.’s office located in Daegu to supply KRW 37 million with 1,000,000,000,000,000,000 from the shocked Co., Ltd., Ltd. by October 24, 2016, and entered into the product supply contract with the Defendant as “V” on the left side column of the document form stating the “N representative” on the upper right side of the document form, and affixed the seal of “V” on the document form “B” at the bottom of the document form, and then is not aware of the forgery.