The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and eight months.

The judgment below

Part of acquittal.

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (4 years and 6 months of imprisonment) against the Defendant (unfair punishment) is too unreasonable.

B. Prosecutor 1) M&D Co., Ltd. (hereinafter “BH”) with respect to the erroneous determination of facts (as to the acquittal portion in the original judgment)

In light of the fact that the actual operator of BJ or the name BI consistently states that the defendant did not consent to the use of his/her seal by the investigative agency, etc., the defendant did not obtain the consent from BH and BI at the time of the use of BH and BI’s seal, but there was an error of misunderstanding of facts regarding this part of the facts charged. (2) The judgment of the court below which acquitted the defendant of this portion of the facts charged is unreasonable because the sentence of the court below against the defendant is too uneasible.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The lower court determined as follows, and determined that this part of the facts charged constitutes a case where there is no proof of crime, and thus, acquitted.

1) The crime of forging a private seal under Article 239(1) of the Criminal Act is established when the seal of another person was forged without authority for the purpose of illegally exercising the seal against the will of the nominal owner. Thus, the crime of forging a seal does not constitute the crime of forging a seal if the seal of another person was explicitly or implicitly obtained the consent or delegation from the nominal owner at the time of admitting the seal (see Supreme Court Decision 2014Do9213, Sept. 26, 2014). 2)