Main Issues

(a) The purport of Article 41 of the Act on the Disposal of Property Belonging to Jurisdiction;

Summary of Judgment

The false report or false statement in this section shall include the false report or statement made in order to lease or manage the property devolving upon the State.

[Reference Provisions]

Article 41 of the Act on the Disposal of Property Belonging to Jurisdiction

Appellant, Defendant

Defendant

Judgment of the lower court

Seoul High Court, Seoul High Court, Seoul High Court, etc.

Reasons

Article 41 of the Civil Procedure Act provides that "A person who falsely reports or makes a false statement concerning the lease, management or sale of property devolving upon will" or a fine not exceeding 150,000 shall be punished by imprisonment for not more than three years or by a fine not exceeding 150,000 won." This theory applies not only to cases where a false report or false statement was made after the conclusion of a lease or management contract but also to cases where a false report or false statement was made in order to conclude a differential contract before the lease or management contract was made. The theory that the report is obvious in light of the risk itself and the latter cannot be recognized on the record and that there was no actual illegality, and the appeal is without merit. However, upon ex officio review of this case, since there was a change in the law after the crime, this case is sufficient for the court to reverse the original judgment in this regard, and this case is identical to the criminal facts recognized by the original court and evidence related to the defendant, and thus, this case shall be cited in accordance with Articles 399 and 369 of the Criminal Procedure Act.