All appeals are dismissed.

The grounds of appeal are examined (to the extent of supplement in case of a defendant's written application filed after the period of dismissal expires).

1. The crime of false entry in the original of a notarial deed or false entry in the records of official electronic records, etc. (hereinafter referred to as “the crime of false entry in the original of a notarial deed”) under Article 228(1) of the Criminal Act, based on the public prosecutor’s grounds of appeal, is an offense, the legal interest of which is protected by the law to guarantee the public credibility of the official document whose special credibility is recognized, and is established when a public official files a false report contrary to the truth and makes a false statement contrary to the truth and makes the public official enter or record false facts inconsistent with the substantive relations concerning the matters proved

(see, e.g., Supreme Court Decisions 2001Do5414, Jan. 27, 2004; 2014Do2415, Feb. 15, 2017). “False fact” refers to the fact that has an important meaning in relation to rights and obligations is contrary to the truth.

(see, e.g., Supreme Court Decision 2012Do12363, Jan. 24, 2013). In a case where promoters, etc. of a stock company can be deemed to have established by registering the establishment of a company in accordance with the requirements and procedures for the establishment of a company under the Commercial Act, etc., the registration of establishment of the company and the details thereof do not constitute a false fact as stated in the crime of false entry in the authentic copy

At the time of incorporation of the Company by promoters, etc., there was an intention or purpose of crime using the Company without actually operating the Company.

solely on the ground that a company did not have any substance of business, such as human resources and material organization, cannot be deemed to have recorded false facts in the corporate register.

(see, e.g., Supreme Court Decision 2019Do9293, Feb. 27, 2020). The lower court registered the establishment of a stock company, which was recorded in the facts charged as to the false entry and exercise of public electronic records, even though the Defendant did not have established the stock company.