The case affirming the judgment below which acquitted the defendant on the ground that the files of the graduation certificate received by the defendant do not constitute "documents" under the Criminal Act in relation to the facts charged that the defendant forged a false certificate of high school graduation from the Internet site for the purpose of using a forged certificate of graduation from the forged criminal by e-mail.

The case affirming the judgment of the court below which acquitted the defendant on the ground that the defendant's issuance of a certificate of graduation in the name of the principal of a private document related to the certification of facts was not a file created through computer work itself but a visual method, and it does not constitute a document under the Criminal Act, on the ground that the defendant's issuance of a certificate of graduation in the Internet site forged a certificate of high school graduation by e-mail and forged a certificate of false graduation from the forged criminal

Article 231 of the Criminal Act

Supreme Court Decision 2004Do788 Decided January 26, 2006 (Gong2006Sang, 365) Supreme Court Decision 2007Do7480 Decided November 29, 2007, Supreme Court Decision 2008Do1013 Decided April 10, 2008, Supreme Court Decision 2009Do289 Decided March 26, 2009

Defendant

Prosecutor

Maximumization

Busan District Court Decision 2009Dadan1454 decided January 19, 2010

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

The prosecutor asserts that the court below acquitted the defendant on the ground that the file of the graduation certificate of this case sent through the forgery of a private document constitutes a document, which is the object of the crime of forging a private document, and thus does not constitute a document, by misunderstanding the legal principles as to documents under the Criminal Act, and thereby affecting the conclusion of the judgment. The prosecutor asserts that the defendant's acquittal was erroneous in the misapprehension of legal principles as to documents under the Criminal Act, which affected the conclusion of the judgment, on the ground that the file of the graduation certificate of this case sent through the forgery of a private document is a document.

2. Determination

A. Summary of the facts charged

In order to find a job at a training center located in Gyeonggi-gu, Gyeonggi-do, the Defendant, while having been employed at the training center, knew that he could forge a high school graduate if he remitted the production cost, etc. to a forged offender via an Internet site while he was enrolled in his final academic background, while he was employed, he would be able to forge a high school graduate, in collusion with a forgery of a false name, by requesting a forged offender to forge a high school graduate;

On June 29, 2009, at his own house located in Namyang-si (hereinafter referred to as the "Detailed Address omitted) requested the forgery of the certificate of high school graduation from the Internet site, and transferred 350,000 won to the post office deposit account in the name of the non-indicted who was known by the above forged criminal, to the post office in the name of the non-indicted who was known by the above forged criminal. On the same day, the above forged certificate of graduation from the above forged criminal by electronic mail for the purpose of exercising the certificate of graduation from the ○ High School in the name of the above ○ High School.

B. The judgment of the court below

In a crime related to documents under the Criminal Act, documents refer to the original, which is an indication of intention or idea stated on the continuously object, or a copy by mechanical means which can present the same social function and credibility, etc., as an original, which is an indication of intention or idea stated on the continuously object, and their contents can be admitted as evidence for important matters in the legal and social life. The form of files created through computer work does not themselves constitute documents, but can be understood by visual means (see, e.g., Supreme Court Decision 2009Do289, Mar. 26, 2009).

On the other hand, the facts charged in this case purport that the defendant conspireds with a forged criminal in his name and forged a certificate file, and the files of the certificate of graduation are computer program files created through computer work and not can be understood by visual means, and therefore, they do not constitute documents under the Criminal Act.

Thus, since the facts charged in this case, which is based on the premise that the files of the graduation certificate are documents, do not constitute a crime, it is so decided as per Disposition with the decision of not guilty under the former part of Article 325 of the Criminal Procedure

C. The judgment of this Court

In a thorough examination of the records of this case, the court below's decision that found the defendant not guilty on the basis of the above judgment is justified, and there is no error of law by misunderstanding the legal principles on documents under the Criminal Act as the prosecutor pointed out in the judgment below.

Therefore, prosecutor's argument is without merit.

3. Conclusion

Therefore, the prosecutor's appeal of this case is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Yoon-won (Presiding Judge)