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(영문) 대법원 1969. 1. 21. 선고 68도1570 판결
[공문서위조·사기][집17(1)형,019]
Main Issues

If an ordinary person prepares a document which has the form and appearance to believe that it is a document prepared within the authority of a public official or a public office, the crime of forging an official document is established.

Summary of Judgment

If an ordinary person prepares a document which has the form and appearance to believe that it is a document prepared within the authority of a public official or a public office, the crime of forging an official document is established.

[Reference Provisions]

Article 225 of the Criminal Act

Defendant-Appellant

A

original decision

Daegu High Court Decision 68No242 decided Oct. 31, 1968

Text

The appeal is dismissed.

75 days, out of the days pending trial after appeal, shall be included in the principal sentence.

Reasons

The defendant's grounds of appeal are examined.

The crime of forging an official document under Article 225 of the Criminal Act is established when the document prepared is prepared within the authority of a public official or a public office to the extent that it can be believed that it was prepared within the authority of a public official. As long as these requirements are met, it is impossible for the public office, such as theory of lawsuit, or there is no official seal or issuer of the public office, and the public office is not entitled to actually use the document, and even if the document is not in existence, it shall constitute a crime of forging an official document. It is the crime of forging an official document, which is recognized by the court below in the first instance judgment maintained by the court below, and two copies of the sale document prepared in the name of the head of the NA, the second copy of the delivery certificate, and the second copy of the sale document prepared by the head of the NA, who is an external public official, and the defendant does not have the authority to conclude that the document prepared by the court below is not a legitimate one of the grounds for appeal and the defendant did not have the authority to use the document.

Therefore, the appeal is dismissed by the assent of all participating judges. The total number of days of detention after the appeal shall be applied to Article 57 of the Criminal Act and it is so decided as per Disposition.

Supreme Court Judge Ma-dong (Presiding Judge) Ma-dong (Presiding Judge)

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