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Main Issues
[1] Time to start the commission of a crime of false entry into public electromagnetic records
[2] The case holding that it cannot be deemed that the crime of false entry into public electronic records, etc. was commenced only on the sole basis of the fact that the parties to disguised marriage and the defendants conspired with them by affixing a false photograph of marriage, and preparing documents necessary for reporting the marriage, and thereby making the false representation to the parties to disguised marriage
[Reference Provisions]
[1] Article 228(1) of the Criminal Act / [2] Article 228(1) of the Criminal Act
Escopics
Defendant
upper and high-ranking persons
Prosecutor
Judgment of remand
Supreme Court Decision 2008Do6608 Decided February 26, 2009
Judgment of the lower court
Ulsan District Court Decision 2009No222 decided May 19, 2009
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The time of commencement of the execution in the crime of false entry into public electronic records, etc. shall be deemed to be when the public official makes a false report. Accordingly, the decision of the court below is just and there is no error of law such as misunderstanding legal principles as claimed in the Grounds for Appeal, since the defendant in this case imprints a false marriage photograph with the party to disguised marriage and the party to disguised marriage by preparing documents necessary for the report of marriage, and it is hard to view that it is not yet commenced in the crime of false entry into public electronic records, etc.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Shin Young-chul (Presiding Justice)