자격모용사문서작성등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant prepared “written confirmation of transfer of status under contract” (hereinafter “instant written confirmation”) as the representative director of C Co., Ltd. (hereinafter “C”), but regarding this, the Defendant obtained prior consent from D, the C representative director at the time.
Furthermore, the Defendant was unaware of the fact that C’s representative director had already been changed from the Defendant to D at the time of preparing the instant confirmation document.
Therefore, the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The Defendant asserted that D’s consent was the same as the grounds for appeal in the lower court, and the lower court rejected the Defendant’s assertion on the following grounds: (a) the act of preparing a document in the name of a corporation with no authority, in principle, by a person who is delegated by the representative director to comprehensively exercise his/her authority from the representative director, is an act of preparing a document in the name of a corporation with no authority; and (b) exceptionally, a document may be prepared in the name of a corporation only when the representative director was delegated or consented to the preparation of a document in the name of a corporation with individual and specific authority. However, the Defendant did not have any evidence to acknowledge that he/she received individual and specific delegation from D for the preparation of the instant confirmation document.
In the above circumstances that the court below held in the court below, i.e., the following circumstances acknowledged by the records, i.e., D, the investigative agency to the court below, consistent with the provisions on the contract as a producer for production-general service and the transfer of the share in the contract, etc., CF.