The judgment of the court below is reversed, and the case is remanded to Daejeon District Court.

The grounds of appeal are examined.

1. Of the judgment below, the summary of the facts charged regarding the preparation of private documents and the exercise of private documents prepared for qualification in the part concerning the preparation of private documents among the judgment below is that the Defendants conspired to prepare each management agreement form (hereinafter “each document of this case”) which is a private document concerning the rights and obligations with the recognition of the separate owner qualification in the column for the representative of the sectional owners in the management agreement form concerning H among the buildings C, an aggregate building, by arbitrarily stating “K, L,” and the column for the representative of the sectional owners in the management agreement form concerning M, and submitting each document of this case to the court through the attorney-at-law.

The court below found the Defendants guilty on the premise that each of the above documents constitutes a document prepared with the qualification of the sectional owner as an agent. On the other hand, the court below found the Defendants guilty of the crime of preparing a private document for qualification and the crime of practicing a private document prepared with qualification.

2. A. In a case where a person without legitimate authority prepares a document by forging another person's qualification as if he/she had the right of representation, and as if he/she had the latter's qualification, the crime of forging a private document is established (see, e.g., Supreme Court Decision 93Do1435, Jul. 27, 1993). In addition, if a document is prepared by forging another person's name itself, the crime of forging a private document is established (see, e.g., Supreme Court Decision 2007Do6987, Jan. 17, 2008). Meanwhile, whether the authentic title holder of a document, which is the object of the crime of forging a private document, shall not be determined solely with the title or title of the document, and all the circumstances, such as the form and appearance of the document, the type and content of the document, and the function of the document in general transactions, etc., shall be determined by comprehensively taking into account the form of the document and the external appearance of the general public.