The guilty part against Defendant A is reversed, and this part of the case is remanded to the Seoul Southern District Court.

1. As to Defendant A’s ground of appeal

A. As to the assertion on the ground of illegality such as office management and legitimate act, “act which does not contravene social norms” under Article 20 of the Criminal Act refers to an act which is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain act is a legitimate act that does not contravene social norms and thus, should be determined individually by considering the specific circumstances and on a reasonable basis. Thus, in order to recognize such legitimate act, the following requirements should be met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the protected interests and infringed interests; (d) balance between the protected interests and the protected interests; and (e) supplementary nature that there is no other means or method other than the act.

(See Supreme Court Decision 2005Do9396 Decided April 13, 2006). The lower court determined that Defendant A’s establishment of the provisional registration of this case and withdrawal of deposits did not constitute an act that does not go against the Civil Act or the social regulations, on the grounds that the legitimacy of the motive or purpose, the reasonableness of the means or method of the act, urgency, and supplement, etc. are not recognized.

The judgment below

Examining the reasoning in light of the relevant evidence duly admitted by the court below, all of such fact-finding and determination by the court below are justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

B. (1) As to the assertion that the provisional registration of the right to claim ownership transfer under the name of Defendant A (hereinafter “the provisional registration of this case”) conforms to the substantive legal relationship, the summary of the entry into the public electronic records, etc. in the instant facts charged against Defendant A, and the fact that the same is exercised, is as follows.