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(영문) 대전지방법원 2012.11.07 2012노793

허위공문서작성등

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The judgment of the court below is reversed.

The Defendant is not guilty. The summary of the judgment of innocence of this case is publicly notified.

Reasons

1. As to the part where the Defendant falsely prepared and exercised the protocol of supervision of construction (definite or misunderstanding of legal principles) on the summary of the grounds for appeal, the lower court convicted him/her of the fact that he/she did not recognize that the protocol was completed on December 24, 2009, by ascertaining the completion of the packing work, even though the packing work remains partially at the site at around 13:00 on December 24, 2009, the Defendant received a report from the head of the site site site that the construction would be completed on the day, and that the packing work would be completed at the site again on December 28, 2009.

With respect to the portion of preparing a false inspection check (regular) in advance, the court below found the defendant guilty without any evidence that the defendant prepared a false inspection check at K's investigative agency, and there is an error of law by misunderstanding the facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.

2. The Defendant is a public official of Grade I business establishment and Grade VIII affiliated facilities.

Around December 28, 2009, the Defendant prepared a false public document stating that “The construction work has been completed (41.01%) in the protocol of supervision” for the purpose of uttering, although he had well known that the construction work was not completed in some sections, unlike the entries of the 8th inspection officer of the part of the construction work completed, at around 13:00 on the 24th of the same month at the facilities 1 and the office of the Seongbuk-gu I place of business, Seongbuk-gu I place of business.” On January 28, 2009, the Defendant conducted a false public document stating that “The construction work has been completed in some sections,” unlike the entries of the 8th inspection officer of the part of the construction work completed.