[허위공문서작성동행사·주민등록법위반·공정증서원본불실기재동행사][집17(1)형,024]
The act of making the reason for the registration of preservation of ownership in the name of the deceased shall be the crime of false entry in the authentic deed.
The act of making a document prepared by the person who died and submitted it to the registry official to state the reason for registration of preservation of ownership in the name of the person who died on the real estate register cannot be the subject of rights and obligations, and therefore, the act cannot be deemed a valid registration consistent with the substantive relationship. Therefore, the measure taken by the deceased as a crime of false entry in the original copy of the authentic deed is justified.
Article 228(1) of the Criminal Act
Defendant
Seoul Criminal Court Decision 68No1655 delivered on October 29, 1968
The appeal is dismissed.
The 85 days, out of the number of days pending trial after appeal, shall be included in imprisonment for the defendant.
Defendant’s ground of appeal No. 1
The court below recognized that the defendant Lee Young-do 2 clerk Lee Young-do et al. lawfully prepared a false official document to the defendant Lee Young-do 2 clerk Lee Young-do, and it is reasonable that the defendant was punished by Articles 227, 229, 31(1), and 33 of the Criminal Act, and there is no ground for appeal that denies the facts that the court below recognized lawfully.
The judgment on the ground of appeal No. 2. The court below held that the defendant's act of preparing the documents of the deceased person and submitting them to the registry official and making the deceased person enter the reason for the registration of ownership in the name of the deceased person on the real estate registration book cannot be the subject of rights and obligations. Therefore, the measures taken by the court below against the deceased person as a crime of false entry in the original copy of a notarial deed is legitimate, and there is no ground for appeal that the crime of false entry in the original copy of a notarial deed cannot be established in this case.
Therefore, it is so decided as per Disposition by the assent of all Justices who participated in accordance with Article 390 of the Criminal Procedure Act and Article 57 of the Criminal Code.
Judges of the Supreme Court (Presiding Judge) Do-dong Do-won Nababri