The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant and Q have established and operated the D Co., Ltd., and the F is only a representative director under the name of the F.

Since the Defendant, as a de facto operator of D Co., Ltd., was entitled to prepare each of the documents of this case, Qua has ratified them later, crimes such as fabrication of private documents cannot be established, and the Defendant did not have any intention to forge each of the documents of this case.

The lower court found the Defendant guilty of the facts charged in the instant case.

B. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.

2. Determination

A. A. In the first instance trial, the ex officio determination prosecutor applied for the amendment to a bill of amendment to the indictment, which is the same as the facts stated in the facts charged against the defendant, and since this court permitted it, the judgment of the court below was no longer maintained.

However, the defendant's assertion of mistake of facts is still subject to the judgment of this court within the scope of the changed facts charged despite the above reasons for reversal of authority, and this is examined below.

B. Although a person making a determination of mistake of facts serves as a representative director by a resolution of the board of directors of a stock company, he/she cannot be deemed a legal representative even if he/she actually serves as the representative director (see Supreme Court Decision 89Meu14714, Oct. 24, 1989). The act of preparing documents in the name of a stock company by a person who is delegated the representative director with the comprehensive power by the representative director constitutes an act of preparing documents in the name of a non-authorized person, which constitutes preparation of qualification-based private documents or an act of preparing documents, and is legally and specifically delegated or approved by the representative director.