In a case where the head of the family register of the applicant prepares a false family register with the approval of the head of the Myeon who is unaware of the circumstances, whether the crime of preparing false official documents is established (affirmative)

The principal of the crime of preparing false public documents is limited to a public official who has the authority to prepare documents on his duty and who is engaged in the duties to assist the person in preparing false public documents is not the principal of the crime of preparing false public documents. However, if a public official engaged in such assisting duties submits a false public document to the person who is not aware of the fact that the contents of the document are true and the document is completed by making him write his name or affix his seal and affix his seal to it, an indirect crime of preparing false public documents shall be established. Thus, if the head of the family registry office of the face with the approval of the head of the family registry office having authority to write false documents, the preparation of false public documents and the indirect crime of uttering shall be established.

Articles 34 and 227 of the Criminal Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law No. 3504, Oct. 16, 1990) (Law No. 386, Oct. 16, 1990) (Gong1990, 2345)

A

Defendant

Seoul High Court Decision 90No707 delivered on June 22, 1990

The appeal is dismissed.

We examine the grounds of appeal.

1. According to the evidence adopted by the court of first instance as cited by the court below, it is groundless to view that there was no false perception or scope as to the preparation of a false public document and the crime of indictment for the same events, since there was no error of mistake of facts due to violation of the rules of evidence even after examining the evidence preparation process.

2. The principal agent of the crime of preparing false official documents is limited to a public official who has the authority to prepare documents in the course of performing his/her duties and who is engaged in the duties to assist the preparing authority is not the principal agent of the crime of preparing false official documents. However, when a public official engaged in such auxiliary duties submits a false official document to the preparing authority who is not aware of the fact that it is true, and has the public official write his/her signature or affix his/her seal to it, thereby completing the document, the principal agent of the crime of preparing false official documents shall be established (see Supreme Court Decision 81Do898, Jul. 28, 198).

According to the records and the facts found by the judgment of the court of first instance cited by the court below, it can be known that the defendant, who was the head of the family register of the Crossing-gun B at the time, obtained the approval of the head of the B-Myeon and prepared the family register of false contents as stated in its reasoning, such act of the defendant constitutes an indirect crime against the act of preparing the B-Myeon book, which is the person with the right to prepare the family register. Therefore, the court below's measures against the defendant's above act are just and there is no error of law as to

Therefore, the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yoon So-young (Presiding Justice)