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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since a stock transfer contract was actually concluded between the defendant and the defendant in mistake of facts, it can be deemed that there was B's consent or delegation with respect to the preparation of the stock transfer contract (the evidence record 24 pages, hereinafter "the first contract of this case"), and in light of the circumstances leading to the final document preparation, the defendant did not have the intention to commit the crime of aiding and abetting private documents.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
B. Legal principles, even if the Defendant’s act constitutes a tort of private documents, such act constitutes legitimate self-defense, legitimate act, or self-help.
In addition, the defendant misleads that his act was not a crime, and there is a justifiable reason to believe that his act was not a crime.
Therefore, there is no illegality of the defendant's act.
Nevertheless, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment.
C. The sentence imposed by the court below on the defendant (5 million won of fine) is too unreasonable.
2. Determination
A. (i) The judgment of the court below and the defense counsel asserted the same purport at the court below, and the court below did not state the transferee's argument in the share transfer agreement (No. 17 pages of the evidence record, hereinafter "the second contract of this case"). This is more consistent with the argument that the transferee did not specify at the time of signing the above contract, and (ii) the share transfer agreement (No. 96 pages of the evidence record, hereinafter "the third contract of this case") was signed by B. However, the part of the transferee, i.e., the part of the defendant's name and address, is written as a self-written statement, and the circumstance and point of time of entering this part are unclear. (iii) The defendant's third contract of this case.