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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (the factual error and misapprehension of the legal principle) that the Defendant agreed to transfer C and G shares in the name of “A” (hereinafter “instant shares”) are all registered in trust with “C and G,” and the Defendant legitimately acquired all the above shares from “C”. As such, C and G comprehensively delegated the Defendant with the authority to dispose of the said shares to use the name in the name of the Defendant as to the preparation of the share acquisition agreement.
2. Determination
A. In a case where a trust property is held in title by a truster without any burden on the truster as to the Defendant’s assertion, it is reasonable to deem that the trustee comprehensively allowed the trustee to dispose of such property and use its title in his/her name. Therefore, in preparing documents necessary for disposing of the trust property in the name of the trustee, the truster did not obtain individual consent from
Even if the crime of forging and uttering private documents is not established (see, e.g., Supreme Court Decision 2007Do4812, Nov. 30, 2007). However, even if the Defendant’s assertion is acknowledged to the maximum extent possible, the foregoing legal principle is limited to a person who received the instant shares from the title truster, but has yet to implement the transfer procedure, and is not transferred the title truster’s status from M, the instant shares are transferred to the Defendant. Therefore, the title trust relationship between M, C, and G after the transfer of the instant shares to the Defendant cannot be deemed to be recognized as it is between M, C, and G. Therefore, the foregoing legal principle cannot be applied to the Defendant who is not in a title trust relationship.
In addition, the court below determined that C and G could not be seen as allowing the defendant to use the name in preparing the acquisition agreement of the shares of this case on the grounds of the circumstances stated above. The court below duly adopted and investigated the case.