The forgery of a document in the name of a deceased person shall not be an offense.

Since Nonindicted 2 is recognized to have died on March 1964, which was before the crime of this case, it is not a crime of preparing and exercising a private document containing the name of the deceased person.

Article 231 of the Criminal Act

On November 22, 1966, 66Do1341 delivered on November 22, 196 (Supreme Court Decision 3638 delivered on November 36, 196, Supreme Court Decision 15Nu40 delivered on November 15, 200 and summary of decision Article 231(8)13

Defendant

Prosecutor and Defendant

Busan District Court (67 High Court Decision 67 High Court Decision)

Of the judgment of the court below, the guilty portion against the defendant shall be reversed.

The defendant is innocent.

The prosecutor's appeal is dismissed.

The gist of the appeal by the defendant's defense counsel is that there is no evidence that the defendant has participated in the facts of the first instance among the facts recognized by the original court, and that the defendant guilty by misunderstanding material facts in violation of the rules of evidence, despite the defendant's absence of criminal intent as to each of the facts stated in the second instance, the court below found the defendant guilty. The first point of the appeal by the prosecutor is that the court below forged a redemption ledger, which is an official document kept in Busan City, and inserted it in the redemption ledger which was located in the office of the above viewing agriculture and forestry, and there is no proof as to the fact that only the redemption ledger was stolen after the commencement of the investigation, but the fact that only one copy of the redemption ledger was inserted into the original one for the purpose of destruction of evidence, and that there was no proof as to the fact that there was no forgery or alteration of the original government-owned land, and that there was no obvious forgery or alteration of the original government-owned land and there is no need to keep the original government-owned land to be redeemed.

First of all, the facts in the judgment below are examined. The defendant denies the above facts to the prosecution's prior process, and the part of the statement made by non-indicted 1 among the trial records of the court below (67 March 2) consistent with the facts of the crime, which is consistent with the above facts, is hard to believe because it is the fact that the non-indicted 1's witness's entries in the witness examination protocol of the court below (67 March 2) could be reduced to the prison as per this case, and there is no evidence to acknowledge it differently. And according to the facts of the non-indicted 3's statement in the trial records of the court below as to the crime of forging private documents in the name of non-indicted 1-8 and the non-indicted 4, the non-indicted 5's new statement made by the non-indicted 4 and the non-indicted 4's new statement made by the non-indicted 5's witness's witness's witness examination statement and the remaining statement made by the non-indicted 3's defense counsel are found to be unnecessary.

Thus, there is no criminal intent as to the facts of the above 2 crime. Therefore, the defense counsel's assertion on this point is reasonable.

Next, among the grounds for appeal by the prosecutor, the facts of the crime cannot be acknowledged only with the above reasons of the prosecutor's chief's appeal as to the acquittal portion, which is the first point of which is the first point, and there is no evidence to prove the facts of the defendant's criminal act even after examining the case records. Thus, this issue is without merit, and this issue is not recognized as a crime of this case against the defendant, such as the recognition of exhibition, and

Therefore, since the prosecutor's appeal is without merit, it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the party

Of the facts charged

1. Notwithstanding the fact that the defendant and the non-indicted 1 and the non-indicted 4 each 2505 square meters and 3211 square meters and 5716 square meters located in the Dong-dong (number 1 omitted), Dong-dong (number 2 omitted) in Busan City and there was no distribution as farmland to non-indicted 2 in the Dong-dong (number 3 omitted) at the time of the enforcement of the Farmland Reform Act, they inserted forged documents, etc. into the farmland-related document files located in the Busan Si/Gu-dong and Dong-dong and the non-indicted 6, 7,8 and the non-indicted 5716, as farmland-related document files located in the Busan Si/Gu-dong and Dong-dong and distributed to non-indicted 2 pursuant to the Farmland Reform Act, and registered the land owned by Dong-dong in the related documents on the above land, such as the registry, etc., and publicly recruited to acquire them unlawfully.

(1) For the purpose of the event at the beginning of September 1965, one copy of the one farmland portion in the repayment ledger, which is a public document, in which the land was distributed to Nonindicted 2 in the amount of redemption 86 islands in the first half of 1950 and the repayment was completed, shall be forged, and around September 7 of the same year, one copy of the one farmland portion in the repayment ledger, in which Nonindicted 1 was displayed in the Dong-gu office, and one copy of each forged farmland portion in the repayment ledger, in which Nonindicted 1 was kept in the Dong-gu office, and one of the farmland portion in the distribution ledger, in which Nonindicted 1 was recorded, shall be inserted, and one copy of the above forged farmland portion in the repayment ledger, in which Nonindicted 6 was kept in the Dong-gu office, Dong-gu office, and the distribution farmland portion shall be inserted, and shall be exercised by inserting it.

(2) At around 11:00 on September 11 of the same year, one copy of the distribution farmland register exhibited in the distribution farmland register (No. 6) of the Dong-gu office located in the above Dong-gu office, as described in the preceding paragraph, shall be inserted into the distribution farmland register (No. 6) and then destroyed one copy of the distribution farmland register, which is a public document recorded with respect to Nonindicted 9 and two persons already bound in the same part and damaged its utility.

(3) On September 1 of the same year inserting one copy of the distribution farmland register, which was forged in the distribution farmland register (No. 8) recorded in the distribution farmland register (No. 9) recorded in the agricultural, forestry, and the office of Busan in Busan in order to impair its utility by destroying one copy of the distribution farmland register, which was recorded with respect to Nonindicted 9 and two persons already bound in the same part and which was recorded in the distribution farmland register (No. 98).

(4) On August 30 of the same year, around the same year, the number of Nonindicted Party 2 was gathered in the name of Nonindicted Party 5, who was, for the purpose of the event in the French area, at around August 30 of the same year, and was distributed in the name of Nonindicted Party 2 at around 2505 and around 3211, prior to the 2505 Dong-dong (number 1 omitted) Dong-dong (number 2 omitted), Dong-dong, Busan, but the same person died on March 7, 1964, and thus, he forged an application form for the change of the name of multiples in the name of Nonindicted Party 5, which was a private document, in the name of Nonindicted Party 5, to submit it to the Dong-dong Office around September 7 of the same year.

(5) Around September 7 of the same year, at the office of Dong-gu Office, Nonindicted 5 gathered the number of Nonindicted 5 for the purpose of the event at the office of Dong-gu Office, and forged two copies of a written application for registration, which is a private document with respect to 5716 square meters in front of the Minister of Agriculture and Forestry (No. 5) and one copy of a written application for re-issuance of a certificate of repayment (No. 5) in front of the head of Dong-gu Office of Exhibition in the name

(6) On September 17, 201, the above Dong-gu Office had the head of Dong-gu Office, who is unaware of the purpose of the event, prepare a false official document concerning his duties by making him prepare a letter of proxy stating that the above land was distributed to Nonindicted 5 and repaid in full, and a certificate of repayment in the name of the Minister of Agriculture and Forestry as a public document, and a certificate of repayment stating that the above land was distributed to Nonindicted 5 and repaid in full, and Nonindicted 5 as a person entitled to registration, and preparing a false official document concerning the above land at the time of distribution in the name of Busan City City market. At that time, the government shall submit to the Busan District Court's office of Busan District Court a letter of proxy stating that the above land was delegated to Nonindicted 10 and a certificate of fact at the time of distribution in the name of Nonindicted 5 in the letter of delegation in the letter of delegation, accompanied by the certificate of delegation at the time of distribution in the letter of delegation, and shall make the false statement in the register to the Busan District Court's office of Busan District.

(7) Around September 20, 1964, at the office of Dong-gu, Dong-gu, and Dong-gu, 1141-3170, Nov. 7, 1964, which was reported to the Mayor of Busan in the name of the head of Dong-gu, Busan in the name of the head of Dong-gu, 1964, stated that there was no distribution of farmland by Non-Indicted 2 in the report on the adjustment of the settlement of the settlement of the bankruptcy estimated payment of the farmland in 1964, and it was stated that Non-Indicted 2 was not recorded in the name of Dong-gu, the above adjustment report was made for the purpose of holding the event and adding Non-Indicted 2 to Non-Indicted 11 on Nov. 9, 1964, the above head of Dong-gu, Dong-gu, and forged two copies of the settlement report of the settlement of the payment of the farmland in 1964, which was made in Busan in the name of the head of Dong-gu, 1963.

(8) On September 165, 1965, Non-Indicted 8 submitted an application for the correction of the parcel number and cadastral number of the farmland distributed to the Non-Indicted 2 at approximately 2505 square meters (number 4 omitted) and approximately 3211 square meters (number 2 omitted) in the Dong-dong (number 4 omitted) in Busan Special Metropolitan City on October 16, 1962; although Non-Indicted 2 did not make a decision on the said application at the Busan Special Metropolitan City Farmland Committee on November 16, 1962, Non-Indicted 8 shall gather the above non-Indicted 2 and make a decision on the correction as stated in the contents of the application, Non-Indicted 14 (No. 14), Non-Indicted 14 (No. 14) and the non-Indicted 14 (No. 14) of the non-indicted 12's written decision on November 16, 1962, which was non-indicted 14).

2. The defendant;

(1) On September 25, 1965, the judicial secretary, located in the Busan-dong, Busan-dong, Busan-dong (detailed address 1 omitted), and the judicial secretary, located in the 14 office of non-indicted 14, prepared a letter of delegation of the same person's letter of delegation to the non-indicted 14, each of which is made on September 25, 1965, that the party shall purchase from non-indicted 5 the amount of approximately 2505 square meters for the purpose of the event at the 14 office for the purpose of the event, for the purpose of the event, from September 25, 1965.

(2) On March 17, 1966, at the office of Nonindicted 14, the fact that the provisional registration made by Nonindicted 5 as of September 25, 1965 in the exhibition large to 2505 was cancelled on September 25, 1965 that the provisional registration made by Nonindicted 5 was made in the name of the defendant on September 25, 1965, was forged by adding one letter of proxy in the name of Nonindicted 5 to Nonindicted 14 on the application for cancellation of provisional registration in accordance with the certificate, and one copy of the termination certificate in the name of Nonindicted 5 on March 17, 1966, that all acts

(3) On May 2, 1966, at the office of the judicial secretary, in the office of the non-indicted 15 located in the Busan-dong, Busan-dong (detailed address 2 omitted), the judicial secretary, in the office of the non-indicted 15, prepared a letter of delegation in the name of the non-indicted 5 with the content that the non-indicted 5 sells the amount of approximately 17 million won to the Ministry of National Defense for the purpose of the event at the office of the non-indicted 5, a sale certificate in the name of the same non-indicted 5, in the name of the same non-indicted 5, in which the non-indicted 5 sold the amount of money for the purpose of the event at the office of the non-indicted 15, whichever

(4) On May 20 of the same year, at the office of Nonindicted 15 in wartime, Nonindicted 15 prepared a letter of delegation that Nonindicted 5 will delegate to Nonindicted 15 the act regarding the application for ownership transfer registration pursuant to the same certificate, with the content that Nonindicted 5 would sell approximately 600 in the exhibition approximately 2505 to Nonindicted 16 for the purpose of the event, and that it will be forged and falsified.

(5) On November 2, 1966, at the exhibition Nonindicted 15 office of the same year, Nonindicted 5 prepared a letter of delegation to Nonindicted 15, each of the following items: (a) on November 2, 1966, the effect that Nonindicted 5 sold 105 of the exhibition approximately 2505 in the exhibition to the Defendant at KRW 15 million, for the purpose of the event; (b) Nonindicted 5 prepared a single letter of delegation to Nonindicted 15; and (c) forged it; and (d) forged it; (c)

(6) On September 25, 1965, at the office of Nonindicted 14 in wartime, Nonindicted 5 prepared a letter of delegation in the name of Nonindicted 5, each of the same Nonindicted 5 with the content that Nonindicted 5 would delegate the act of filing an application for provisional registration pursuant to the said certificate to Nonindicted 14, with the intention of the event at the office of Nonindicted 14 in Busan, Dong-dong (number 2 omitted) in Busan, Dong-dong (number 2 omitted) in order to make a promise to sell and purchase to Nonindicted 5, the Defendant’s wife Nonindicted 17 and one other, and then forged it in light thereof.

(7) On March 3, 1966, at the office of the non-indicted 14 in wartime, one copy of the certificate of sale in the name of the non-indicted 5 in which the non-indicted 5 sold the defendant in wartime to the non-indicted 5 for the purpose of the event, and one proxy letter that the non-indicted 14 will be delegated to the non-indicted 14 for the purpose of the event, which shall be forged, and shall be submitted to the Busan District Court, Busan District Court, Busan District Court, accompanied by each registration application, to make the relevant personnel enter the false matters in the real estate registration register, which is the original copy of the notarial deed kept by the registry office, and make the relevant personnel enter the false matters in the real estate registration register, which is the original copy of the notarial deed kept by the registry office, and the fact that it is used by the registry office, for the same reason as the exhibition is not proven, and thus, the defendant is acquitted by applying

It is so decided as per Disposition.

Judges Song-dae (Presiding Judge) (Presiding Judge)