In case where a document in the name of the truster is prepared for the first month of the entrusted authority, or another person’s signature and seal is legitimate, whether the document in writing contrary to the intention of the signature and seal holder is forged

Even if a document in the name of the truster is prepared or signature and seal of another person is duly prepared with the beginning of the entrusted authority, if the document is prepared contrary to the intention of the signature and seal holder, the crime of forging the private document shall be established.

Defendant

Sychomama

Busan District Court Decision 74No360 delivered on June 12, 1974

The appeal is dismissed.

The defendant's defense counsel's grounds of appeal are examined.

According to the court below's decision, where a document is prepared in the name of the truster by starting the entrusted authority, or where a document is prepared contrary to the intention of the signature and seal holder even if another person's signature and seal is duly formed, the crime of forging a private document is established (see Supreme Court Decision 66Do1199, Nov. 22, 196). According to the evidence of the court below, the defendant, as the Ulsan-gun Livestock Cooperative, keeps a sales certificate with the official seal of the head of the association in advance in order to confirm the parties to the purchase and sale of livestock at the livestock market and deliver the certificate of trading at the place of sale and purchase of livestock at the place of sale, such as the original adjudication, in collusion with the defendant in the sale and purchase certificate with the official seal of the head of the association, and if there was no actual fact of sale and purchase, 4 copies of the above private document, such as the time of original adjudication by stating the false matters on the purchaser and the other person's signature and seal, and judged the defendant as the crime of forging a private document.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Presiding Justice (Presiding Justice)