1. Judgment on the grounds of appeal by the prosecutor

A. The crime of false entry in the original of a notarial deed, such as the establishment of a company and public electronic records, (1) the crime of false entry or false entry in the original of a notarial deed, as prescribed by Article 228(1) of the Criminal Act (hereinafter referred to as “the crime of false entry in the original of a notarial deed, etc.”) is a crime under which the legal interest protected by the law is to guarantee the public credibility of a notarial document, the special credibility of which is recognized, and is established when a public official made a false report contrary to the truth and made a false entry or recording of a notarial deed, which is inconsistent with the substantive relation, on the special media records such as

(see, e.g., Supreme Court Decisions 2001Do5414, Jan. 27, 2004; 2014Do2415, Feb. 15, 2017). “False fact” refers to the fact that has an important meaning in relation to rights and obligations is contrary to the truth.

(2) In a case where a member of a limited liability company is deemed to have established by registering the incorporation in accordance with the requirements and procedures for the establishment of a company under the Commercial Act and other Acts and subordinate statutes, such as the Commercial Act, barring any special circumstance, the registration of incorporation of the company and the details thereof do not constitute a false fact as stated in the crime of false entry, such as the original of authentic deeds, unless there are special circumstances.

At the time of incorporation of a company, a person involved in the establishment of a company, such as a limited company member, was committed with intent to actually manage the company.

solely on the ground that a company did not have any substance of business, such as human resources and material organization, cannot be deemed to have recorded false facts in the corporate register.

(See Supreme Court Decision 2019Do9293, Feb. 27, 2020). (A) A company under the Commercial Act refers to a corporation established for commercial activities or any other profit-making purpose.

(Article 169). A limited liability company shall be stipulated in Article 170 of the Commercial Act.