위조공문서행사등
All of the appeals by prosecutors are dismissed.
1. The gist of the grounds for appeal is as follows: “The image file which has undergone computer can be perused at any time through electronic equipment,” and therefore, it constitutes “documents” in the Criminal Act; at least, the image file falls under “electronic records” as provided in the crime of uttering of electronic documents, etc., but the above image file falls under “electronic records” as provided in the crime of uttering of electronic documents, etc., but otherwise, the court below acquitted the defendant on the ground that among the facts charged in this case, the crime of uttering of forged public documents and the crime of uttering of electronic documents, etc., which are the primary facts charged, fall under the case where there is no proof of criminal facts, and thereby acquitted the defendant.
2. Determination
A. On December 2, 2013, the facts charged 1) F of the forged official document display (main charge) at the office of F located in K 2108, the Busan Jin-gu, Busan, stating that “I have the same photograph from among the cans of the falsified resident registration certificates,” and Defendant A knew that part of the cans of the falsified resident registration certificates sent by G was forged by delivering the horses to Defendant B. Nevertheless, around January 2, 2014, Defendant A entered the forged resident registration certificates in the name of the head of Yeongdeungpo-gu, Seoul Metropolitan Government, on the forged Z under the direction of F in accordance with F, in the name of Gyeonggi-do City City Market. The resident registration certificates of a person other than the cans and U.S. in the name of the head of Chang-gu, Busan Metropolitan City, which were recorded in the cans and U.S. (hereinafter referred to as the “U.S. resident registration certificates”) under the name of the head of Chang-gu, Busan.