The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In order to raise KRW 1 billion in capital increase of D Co., Ltd. (hereinafter “D”), the Defendant paid the share capital by borrowing KRW 400 million from the relevant company in the name of the relevant company from the Gwangju Bank. Since the above KRW 400 million is D’s liabilities, it is difficult to view that D’s capital has been substantially increased.

In addition, theO remitted 50 million won to the deposit account of the Gwangju Bank in the D's Gwangju Bank, but this is a situation after the fictitious payment, and as such, it cannot be viewed as a part of D's capital because it was immediately withdrawn 20 million won out of the said amount.

In light of the above circumstances, the defendant should be deemed to have paid 400 million won in advance. Therefore, the judgment of the court below which acquitted the defendant of this part of the facts charged is erroneous in the misapprehension of legal principles.

B. In light of the fact that the fraudulent defendant makes a disguised payment of the share capital of KRW 400 million out of the capital increase of KRW 1 billion, and theO consistently stated that the defendant made a statement that he/she would be appointed as a joint representative when he/she was merged without liabilities D, it is erroneous in the judgment of the court below which acquitted the defendant of this part of the facts charged despite the fact that the defendant could sufficiently recognize the fact that he/she deceivings theO,

2. Determination

A. The facts charged as to the violation of the Commercial Act, the false entry and exercise of the authentic copy of a notarial deed, and the obstruction of the performance of official duties by fraudulent means are premised on the payment letter. As such, we examine whether the Defendant committed the act of pretending the payment

(1) According to the evidence duly adopted and examined by the court below and the court below, the defendant established D as a capital of KRW 100 million in the net city C on October 18, 2005 and was in charge of the representative director. The defendant needs to increase capital of KRW 1 billion in order to be designated as an agricultural and fishery products wholesale market corporation.