All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. In fact, the defendants did not directly participate in the preparation of the document of this case and signed and sealed the document without knowing the specific contents, but the court below found the defendants guilty of the facts charged of this case. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. In light of the overall sentencing conditions of this case’s sentencing, the lower court’s sentence (a fine of one million won for each of the defendants) is too unreasonable.

2. Determination

A. The crime of forging a private document in a judgment on the assertion of mistake of facts is established when the form and appearance to the extent sufficient for the general public to enter the document in the authentic private document prepared by the nominal owner in the form and appearance of the nominal owner. It does not necessarily require the signature or seal of the person who prepared the document. However, whether it is sufficient for the general public to enter the document in the real private document prepared by the nominal owner should be determined by comprehensively taking into account all the circumstances, including the form and appearance of the document, the preparation process, type, content, and the function of the document in the ordinary transaction (see Supreme Court Decision 2008Do10195, Jul. 23, 2009). The uttering of a forged document refers to the use of a document prepared in accordance with the aforesaid Article, which is a true document with a genuine content prepared.

In full view of the following circumstances, the lower court and the first instance court’s duly admitted and investigated the instant case, the Defendants may fully recognize the fact that the Defendants forged and used the documents, “case of administrative punishment against violation of the Housing Act” and “case of withholding the transfer of management rights,” which were prepared in the name of “E apartment council of occupants’ representatives (hereinafter “council of occupants’ representatives”)” and “case of withholding the transfer of management rights,” which were made in the name of “E apartment council of occupants’ representatives.” (hereinafter

① The official seal of the council of occupants’ representatives shall be affixed to the instant documents.