The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact-finding and misunderstanding of legal principles, the nominal holder of the letter of undertaking dated July 26, 2010 (hereinafter “instant letter”) is G, not only D, and the Defendant does not forge the document under the name of D.

(2) The instant commitment does not relate to rights and obligations, and thus does not constitute an object of the crime of forging a private document.

(3) As the Defendant stated in the instant promise “D substitute A” and prepared a substitute document, the crime of forging a private document cannot be established.

(4) In light of the content of the instant commitment, D’s presumed consent was granted with respect to the preparation of the said commitment.

B. The lower court’s sentencing of an unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. (1) Determination of mistake of facts and misapprehension of legal principles as to the assertion of mistake of facts and misapprehension of legal principles (1) Whether the title holder of the instant promise and the object of the crime of forging private documents are the objects of the crime of forging private documents (a) relevant legal documents, private documents which are the objects of the crime of uttering refer to the forgery of rights and obligations or other documents, etc. concerning facts of fact, and documents concerning rights and obligations refers to those in which matters concerning the creation, modification or extinguishment of rights and obligations are recorded, and documents concerning certificates of fact refer to documents other than documents concerning rights and obligations which prove facts of transaction,

In addition, a document proving an important fact in the transaction may include not only the document whose primary purpose is to certify the process before and after the occurrence, existence, modification, and extinction of the legal relationship, but also the document containing an expression of intent that may have an effect only indirectly on the change of the right and obligation, which is directly related only to a direct legal relationship, and whether it falls under this, not only the title of the document, but also the content of the document, the general situation in which the document was prepared, the matters indicated in the document, as well as the matters indicated in the document.