공정증서원본불실기재등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (misunderstanding of legal principles) of each of the instant certifications stating that “the procedures and contents of the resolution of the general meeting of shareholders on March 28, 2014 conform to the truth” are not simple authentication of the certificate, but the preparation of a fair deed to prove the above facts. Therefore, the Defendants’ statement that the resolution of the general meeting of shareholders was duly made before a notary public, thereby allowing a notary public to enter the above false facts constitutes the crime of re-performance of the original certificate of fairness.
2. The judgment of the notary public is divided into “the preparation of a fair deed with respect to facts related to juristic acts or other private rights” and “the authentication of notarial deeds or electronic documents, etc.” under Article 2 of the Notary Public Act into “the preparation of a fair deed with respect to facts related to juristic acts or other private rights” and “the authentication of notarial deeds or electronic documents, etc.,” and the authentication of the notary public with respect to notarial deeds is merely to have the parties concerned sign or seal the notarial deeds in front of the notary public, or to have the parties concerned or their agents certify the signature or seal of the notarial deeds in front of the notary public, and then to have the notarial deeds certified as to the formation of
Meanwhile, the above deed does not correspond to the original copy of the fair deed under Article 228(1) of the Criminal Act (see, e.g., Supreme Court Decision 75Do331, Sept. 9, 1975). According to the evidence duly adopted and examined by the court below, each of the instant certificates is a minutes of the general meeting of shareholders attached to the application documents when registering a corporation, and is subject to authentication by a notary public pursuant to Article 66-2 of the Act. Thus, it is obvious that each of the instant certificates constitutes “certification of a letter of apology.”
In addition, the phrase "this notary public confirmed that the procedure and content of the resolution conforms to the truth by the above statement and the materials described below" stated at the end of the same notarial deed is stipulated in article 66bis 2 and 3 of the notary public law.