The defendant's appeal is dismissed.

1. The summary of the grounds of appeal (legal scenario assertion) seals “KR-21159 and HT (HJ-011)” voluntarily created by the Defendant (hereinafter “instant seals”) are seals that are not registered in the competent Agriculture and Forestry Quarantine Headquarters, and are identical to a lux mark, and thus, even if the Defendant forged or uses the seals under the above name of lux, the crime of forging and uttering of a private seal is not established.

Moreover, the seal for the above disinfection treatment mark is strictly managed by the state agency, and there is no possibility for the defendant to misunderstand the unregistered seal of this case made at his own discretion as the true seal, and it cannot be deemed as a forgery.

In addition, since the seal of this case is unregistered seal, there is no authority to do so, and instead, the "011" portion, which means the simple serial number of the seal of this case, is freely determined by the business entity, and anyone is entitled to set the serial number as "011" and then the act of manufacturing the seal of this case, such as the seal of this case, which is arbitrarily serial number as "011", does not fall under the category category.

2. Determination

(a)the seal which is the object of the crime of forging a private person means a given shape used to symbolize the character of a particular person and to prove that person's identity, and means writing or exposing another person's seal, etc. or displaying or recording it on an object without authority, in the crime of forging a private person;

On the other hand, the crime of forging a private seal is established because the public credibility of the seal is protected by the law, so if the forged seal has a form and appearance to the extent that it can be believed that it is a true seal of a specific person.

B. According to the evidence duly admitted and examined by the court below, the evidence is as follows.