In the case of a license application, whether it constitutes a crime of harming the performance of official duties by fraudulent means (negative)

In general, the administrative agency's disposition of permission by filing an application, etc. is to determine whether to grant permission by making an application form and supporting materials, and this is based on the premise that the grounds for the application do not coincide with the facts. Thus, if the applicant stated false facts and attached false supporting materials, the administrative agency knew that the grounds for the application are true and accepted, it cannot be said that the application was due to insufficient examination by the administrative agency, and thus, it does not constitute obstruction of performance of official duties by deceptive means.

Article 137 of the Criminal Act

Defendant

Prosecutor

Daegu District Court Decision 81No1380 delivered on June 25, 1982

The appeal is dismissed.

The grounds of appeal Nos. 1 and 2 are examined together.

In light of the above facts and records, the above construction permit was issued by the non-indicted 6 official's non-indicted 1 and the non-indicted 6 official's non-indicted 2's non-indicted 2's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's non-indicted 6's construction permit.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Il-young (Presiding Justice)