The judgment of the court below is reversed.

Defendant

A Defendant A shall be punished by a fine of four million won.

Defendant

A The above fine shall be imposed.

Summary of Grounds for Appeal

A. misunderstanding of facts as to the aiding and abetting of private document and misunderstanding of legal principles by the Defendants (1) merely prepared the amended articles of incorporation in accordance with the resolution of the general meeting of shareholders, and did not forge the original correction officer without authority. Even if the Defendants falsely affixed the name and seal of the promoters as the original document of the amended articles of incorporation, the Defendants merely constitute an act of fact for meeting the formal requirements of the articles of incorporation. The Defendants cannot be deemed to have intentionally committed the crime of forging private document for the foregoing reasons. 2) Since the nominal owner of the document of this case is a stock company I, the nominal owner

Defendant

A is the president who has the right to manage the company, and therefore, it is not a crime of forging private documents.

B. misunderstanding of facts as to Defendant A’s exercise of a falsified investigation document and misunderstanding of legal principles, Defendant A submitted the original articles of incorporation, modified articles of incorporation (a forged original articles of incorporation), and minutes of a general meeting of shareholders, and thus, cannot be deemed an exercise of a forged document as a genuine document.

C. misunderstanding of facts as to Defendant A’s intimidation and misunderstanding of legal principles do not constitute a crime of intimidation inasmuch as there was no perception that the Defendant would give notice of harm despite the expression of emotional humiliation or temporary decentralization.

In light of the background of the Defendants’ instant case of unreasonable sentencing, the lower court’s sentence (Defendant A: 6 months of imprisonment, 1 year of suspended sentence, 4 months of imprisonment, and 1 year of suspended sentence) is unreasonable.

2. Determination of misconception of facts and misapprehension of legal principles as to the forgery of private documents and the uttering of private documents

(a) The identity of the authentic originator of a document which is the object of the crime of forging a private document should not be determined solely by the title or title of the document, and the type, content and general transaction of the document as well as the form and appearance of the document.