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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The gist of the grounds for appeal is that, upon the defendant's request, E, a complainant of the grounds for appeal, only lent the name of D's shareholder and did not actually acquire D's shares. At the time of borrowing E's name, the defendant already obtained implied and comprehensive delegation on the exercise of shareholder's rights, including the disposal of shares, and even at the time of preparing the transfer contract of the shares, the court below found the defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. In a case where an asset is trusted in the name of the trustee without any burden on the truster of the relevant legal principles, the trustee comprehensively allowed the trustee to use his/her name when he/she disposes of the asset or exercises other authority, unless there are special circumstances.
Therefore, it is reasonable to view that, in preparing documents necessary for the disposal of trust property in the name of the trustee, even if the trustee did not obtain an individual consent from the trustee, the crime of forging and uttering of private documents is not established (see Supreme Court Decision 2006Do9425, Mar. 29, 2007, etc.).B. According to the records of the judgment of this case, the defendant's pro-friendly relationship established D (hereinafter "D") in around 200, who takes charge of all business affairs of the defendant while establishing a company around 200.
In the name of K, M, andO, the shareholders and directors shall be asked for good conditions, and their consent shall be received from them. ② At the same time as D on May 30, 200, E, I (name J, N prior to the opening of the name), K, M, andO are listed respectively as D's directors and auditors, and each of them is listed as a shareholder holding 20% (1,000 shares) of the shares. ③ At the time of the establishment of D's investment, E is KRW 5 million, N is KRW 2 million under the name of N, and KRW 3 million under the name of K I at the time of its establishment.