The nature of notarial deeds referred to in Article 228(1) of the Criminal Act.

The term in this Article refers only to the notarial deed concerning rights and duties, and it is reasonable to interpret that any certificate of fact is not included in this article. Therefore, land cadastre that does not change the rights and duties does not constitute the above notarial deed.

Article 228(1) of the Criminal Act

Supreme Court Decision 68Nu41 Decided July 31, 1968

A

Chuncheon District Court Decision 70No2619 delivered on September 9, 1970

The grounds of appeal No. 1 by the defense counsel

The term "notarial deed" under Article 228 of the Criminal Code does not mean (a notarial deed as to rights and obligations) as shown in the former Criminal Code, and even if it was merely indicated as a notarial deed, it is reasonable to interpret that the certification of facts is not included in the certificate since it is based on the premise that the rights and obligations are rights and obligations. In addition, the act of entering certain matters on the land cadastre as a material for the convenience of the execution of administrative affairs and the certification of facts should be considered as a material for the execution of administrative affairs. This opinion is the opinion of a party member (see Supreme Court Decision 68Nu41 delivered on July 31, 1968) that it does not take effect that any right is granted, changed, or lost due to the registration. Therefore, even if a public official enters certain matters, such as the owner, etc. on the land cadastre under the Cadastral Act, it cannot be viewed as a notarial document that proves that it is a notarial document.

Therefore, the court below acknowledged that when restoring the land cadastre of the original case which was lost due to the Korean War No. 6.25 incident in this case, the defendant would be entitled to ownership, notwithstanding the absence of ownership, and by making a false report in its name, the defendant made a false report to the owner, and made an employee of Chuncheon City enter false facts as such in the land cadastre and kept them in the Dong branch, and it is deemed as an unlawful act in accordance with the above reasoning, and it would have affected the judgment.

Justices Kim Young-chul (Presiding Justice)