The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. The Defendant had a de facto marital relationship with the deceased B (hereinafter “the deceased”) for a long time, and the Defendant was delegated by the deceased before the deceased’s death. As such, at the time of the instant crime, the Defendant had no intention to forge or use a report on the change of the deceased’s name and to report false facts about the resident registration.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding of facts and misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (fine 1,00,000) is too unreasonable.

2. Determination

A. The crime of forging a document is established, since the crime of forging a document is based on the public credibility of the authenticity of the document, so if the document prepared for the purpose of uttering has the form and appearance to the extent that it can be believed to be a document prepared within the authority of the relevant title holder, and as long as the document satisfies the above requirements, even if the title holder had already died before the date of preparation of the document, such document also has the risk of undermining the public confidence, and thus, the crime of forging a private document is established.

(See Supreme Court en banc Decision 2002Do18 Decided February 24, 2005). Considering the need to protect public credibility in the documents with respect to private documents in the name of the person who died as above, if a document is already prepared on the premise that the document’s name is alive even if the document’s name was already dead, there was a risk of undermining public confidence in the document’s document.

Therefore, the establishment of the crime of forging private document cannot be denied on the ground that the consent of the deceased owner is presumed in relation to the document.