The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the fact that the defendant was not guilty of this part of the facts charged, although it can be acknowledged that the defendant paid the amount of the victim's company, which was kept on duty, as stated in the facts charged in this case.

Judgment

Where a legal entity itself becomes a party to a lawsuit, in principle, the performance of the lawsuit can be deemed as the performance of the legal entity's business, so that the attorney's fees can be paid as the expenses of the legal entity. However, where the legal entity is formally a party to the lawsuit, and there are special circumstances to deem that there is no particular interest in the outcome of the lawsuit, the legal entity cannot be deemed as the performance of the lawsuit, and thus, it cannot pay the attorney's fees

(see, e.g., Supreme Court Decision 2007Do9679, Jun. 26, 2008). The evidence duly adopted and examined by the lower court reveals the following circumstances.

On December 19, 2008, the defendant forged the defendant's share transfer certificate to the victim company under the name of the deceased father I.

On January 30, 2009, even though the defendant did not hold a general meeting of shareholders or the board of directors of the victim company, the defendant opened a general meeting of shareholders in the capacity of the Speaker pro tempore to dismiss D directors, passed a resolution to appoint new directors E and F. Then, the defendant opened the board of directors to make a false resolution to appoint the defendant as the representative director, and prepared the minutes of the general meeting of shareholders and the board of directors as if he were to appoint the defendant as the representative director, and registered