Punishments where the person who has the right to draft the official document has submitted a false draft document to the commercial person who has the right to make it and has received the signature and seal;

If a person, who assists the official duties of a public official with authority to prepare an official document, has the authority to draft or draft an official document, stated false information in a document which is proposed in the course of performing his/her duties for the purpose of uttering using his/her position, and caused his/her commercial person who is unaware of the circumstances to write a false official document by entering the draft in a true manner and signing and sealing it, he/she may not be exempt from the responsibility for indirect crimes committed by preparing so-called false official document.

Articles 227 and 34 of the Criminal Act

Supreme Court Decision 81Do898 delivered on July 28, 1981 (Gong1981, 1421) 81Do943 delivered on December 8, 1981 (Gong1982,146) 83Do1404 delivered on September 27, 1983 (Gong1983,1630) 85Do2728 delivered on August 19, 1986 (Gong1986,1258)

Defendant

Defendant

Attorney Lee Byung-hoon

Daejeon District Court Decision 89No271 delivered on August 18, 1989

The appeal is dismissed.

As to the Grounds of Appeal:

A person who assists the official duty of a public official with authority to prepare a false statement in a document which is proposed or proposed for the purpose of exercising his official duty by using his position and has the official document prepared with his signature and seal affixed thereon by entering the false statement in a document which is proposed for the purpose of exercising his official duty and entering the false statement in a false manner shall not be exempt from the punishment for indirect crimes committed by preparing so-called false official document (Supreme Court Decision 85Do2728 Decided August 19, 1986; Supreme Court Decision 83Do1404 Decided September 27, 1983; Supreme Court Decision 81Do943 Decided December 8, 1981; Supreme Court Decision 81Do898 Decided July 28, 1981; Supreme Court Decision 190Da1400 Decided June 27, 198; Supreme Court Decision 2000Da1789 Decided June 28, 201).

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-ju (Presiding Justice)