[1] The elements for establishing the crime of forging a private person

[2] The case holding that the court below erred in the misapprehension of legal principles as to the elements for the establishment of the crime of forging a private person, on the facts that the representative executive members of the apartment association, who was elected as the representative, was confirmed through a letter of reply to academic background inquiry in the name of the principal of the private university, and that Gap's false academic background was forged with the official seal of the principal of the university in the form of a public notice to the apartment resident in order to enhance the credibility of the public notice, on the facts that Gap's false academic background was notified to the apartment resident in the form of a public notice in the form of a public notice to the apartment resident in the form of a public notice to the apartment resident, and that the above official seal cannot be deemed to have been displayed to pretend that

[1] Article 239(1) of the Criminal Act / [2] Article 239(1) and (2) of the Criminal Act

[1] Supreme Court Decision 2005Do4478 Decided December 23, 2005

Defendant 1 and eight others

Prosecutor

Attorneys Lee Yong-ho and 3 others

Seoul Southern District Court Decision 2009No216 Decided June 9, 2009

The judgment below is reversed, and the case is remanded to Seoul Southern District Court Panel Division.

The grounds of appeal are examined.

In order to establish the crime of forging a private person, the seal shall be written to the extent that it can be written to the general public with the true seal of a specific person. Whether it is sufficient for the general public to write the seal in the real seal of a specific person should take into consideration the form, appearance, preparation process, etc. of the seal, etc. In addition, the necessity of printing the seal in the document, etc. where the seal is affixed, the preparation process of the document, etc., type, contents, and the function of the document, etc. in general transactions shall also be considered (see Supreme Court Decision 2005Do4478, Dec. 23, 2005).

The gist of the ancillary facts charged of this case is "the defendants are the representatives of the residents of Gangseo-gu Seoul University (hereinafter omitted) and the non-indicted 1 was confirmed through a letter of reply to academic background held in the name of the principal of the Korea University. On January 14, 2008, the non-indicted 1 knew the facts of the non-indicted 2's false academic background in the form of a public announcement to the apartment residents, but, in order to enhance the credibility of the public announcement, the defendant 9 announced the public announcement to forge the official seal of the principal of the Korea University, the non-indicted 2, the non-indicted 1, the non-indicted 1, the public official seal of the head of the Korea University, the non-indicted 2, the non-indicted 1, the public official seal of the above 3, the non-indicted 1, the representative of the government office of the government office of the above Korea University. The public official seal of the defendant 2, the non-indicted 1, the non-indicted 1, the representative of the government office of the government.

According to the reasoning of the judgment below and the evidence duly examined by the court below, the official seal of the President of the Korea University Department sent out of the public notice of this case is consistent with the true official seal in its form and appearance; however, it is difficult for the general public to easily understand that the above official seal is the official seal of the President of the Korea University; and the official seal of the President of the Korea University is affixed on the side of the public notice of this case, stating "The Representative Association of △△ apartment Complex 1 Complex", and the above representative representative's name and seal are affixed to the above representative's office, and the defendants' name and seal are affixed to the above representative's office seal to the right upper part of the above representative's name and seal affixed to the defendant's name and seal affixed to the above public notice of this case; the above public official seal of the President of the Korea University cannot be seen to have been affixed to the above public official seal of the representative's association or the representative's representative's official seal attached to the above general representative's official seal; and the above public notice of this case cannot be seen to have any legitimate reason for the public notice of this case's reply.

Therefore, the part of the judgment of the court below regarding the conjunctive facts charged cannot be reversed, and the part concerning the primary facts charged in an indivisible relationship shall be reversed. Therefore, the judgment of the court below shall be reversed, and the case shall be remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Young-chul (Presiding Justice)