The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the Defendant prepared each of the documents of this case with the consent of E, and did not forge each of the documents in the name of E.

The lower court found the Defendant guilty on the sole basis of the testimony of E/J without credibility.

2. Determination

A. Determination as to the forgery of private document as of April 17, 2012 and April 19, 2012 (1) refers to the preparation of a document by a person who does not have the authority to prepare a private document under the name of another person. Thus, in preparing a private document, if there was an explicit or implied consent from the nominal owner, it does not constitute the crime of forging the private document. Meanwhile, even if there was no real consent from the nominal owner at the time of the act, if the nominal owner knew of the fact at the time of the act, considering all objective circumstances at the time of the act, the crime of forging the private document is not established (see, e.g., Supreme Court Decision 2002Do235, May 30, 2003).

Therefore, it is difficult to see that each statement by E and J alone proves the facts charged beyond a reasonable doubt, and the remaining evidence submitted by the Prosecutor alone is insufficient to prove this part of the facts charged, and there is no other evidence to prove this part of the facts charged.

㈎ 2011. 6. 15. 피고인, E, O, P, F가 발기인이 되어 복지서비스를 연계한 바우처사업 등을 목적으로 하는 D 주식회사(이하 ‘이 사건 회사’라고 한다)를 발기설립 하였는데, 당시 총 발행주식 400,000주(보통주식, 1주의 금액 500원)를 발기인들이 분산 소유하기로 하였다.

On June 20, 201, the registration of incorporation of the instant company was made.