The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant, with the consent of E, prepares and exercises an application for membership of the members of the Hyundai Card in the name of E, the Defendant is not guilty of forging and committing a private document.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 4 million) is too unreasonable.

2. Determination

A. In light of the difference between the original court and the appellate court’s method of assessing the credibility of a witness’s statement in light of the contents of the original judgment and the evidence duly examined in the original judgment, the lower court’s judgment was clearly erroneous in determining the credibility of the witness’s statement in light of the contents of the original judgment and the evidence duly examined in the original judgment.

Unless there are extenuating circumstances to see the lower court’s judgment as to the credibility of a statement made by a witness of the lower court is clearly unfair, or comprehensively considering the results of the examination of evidence at the lower court and the results of the additional examination conducted until the closing of oral argument at the appellate court, the appellate court should not reverse without permission the lower court’s judgment on the sole ground that the lower court’s judgment on the credibility of a statement made by a witness of the lower court is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 201Do5313, Jun. 14, 2012). Although the Defendant asserted the same purport in the lower court, the lower court asserted that the Defendant has credibility in the E’s legal statement supporting the facts charged.

On the other hand, the defendant's above assertion is rejected and the facts charged are found guilty.

Examining the judgment of the court below in light of the evidence duly adopted and examined by the court below and the witness E’s oral statement, the court below’s judgment that found the defendant guilty of the facts charged in this case is just and acceptable, and it affected the conclusion of the judgment.