(영문) 수원지방법원 2008.5.8.선고 2007노5215 판결

In light of the fact that image documents appearing on a computer monitor screen using a slner and a spontool program are displayed without any special operation, etc., it is highly worth protecting the social credibility thereof, and therefore, the image documents should also be viewed as documents under the Criminal Act. The act of forging, altering, and printing forged or altered documents on the Internet homepage so that many unspecified people can see them constitutes each crime of forgery, alteration, and Dong events. However, the court below did not recognize the image documents in writing under the Criminal Act, which is erroneous in the misapprehension of legal principles.

2. Determination

A. Summary of the facts charged in this case

The summary of the facts charged in this case is as follows: The defendant is the representative director of Gwangju City****** in the case of the company's office on March 2006, the above company's office without authority for the purpose of exercising ‘patent'*--*--*******71, the date of application: October 00, 2005; the name of the invention * environment-friendly 0000 ******** in the case of the registered matters of the patentee; * in the case of the registered matters of the patentee; *** in the case of the registered matters ***** in the case of the registered matters *** in the case of Korea); the inventor: in the case of the above company's office on March 206, 206, the defendant made the above company's employee under the name of the Commissioner of the Korean Intellectual Property Office enter the original patent documents in the name of the Korean Intellectual Property Office ** after correcting the registered matters of the company * by using the above program.

B. The judgment of the court below

The court below found the defendant not guilty on the ground that the image shown on the computer monitor screen cannot be viewed as continuously fixed on the screen because it is nothing more than an electronic reaction in the event of implementation of a program to see image files, and it cannot be viewed as a document that is subject to the crime of altering a public document, on the ground that the image shown on the computer monitor screen cannot be viewed as a document that is the object of the crime of altering a public document, and that it cannot be seen as an exercise of the altered document on the ground that it was produced by using a scner and a cinema and stored on the computer screen.

C. Judgment of the court below

For the crimes related to documents under the Criminal Act as stated by the court below, a copy of the original, which is an indication of intention or concept stated on the object continuously by letters or the virtual code capable of substituting them, or by mechanical means capable of concurrently performing its social functions, credibility, etc., and its contents can be admitted as evidence for important matters under law and social life.