Whether the crime of preparation of false official document by a person who is not a public official is established;

Where a person who assists in the duties of a public official with authority to prepare a false statement in the draft document for the purpose of using and exercising his/her position, and where he/she makes it possible to submit it to the commercial person who is unaware of the fact to approve it, he/she shall be liable for the indirect crime of preparing a false official document.

Articles 227 and 34(1) of the Criminal Act

Supreme Court Decision 63Do138 delivered on June 20, 1963

Defendant

Attorney Shin Tae-ok

Seoul Criminal Court Decision 72No6581 delivered on June 5, 1974

The appeal is dismissed.

The defendant's defense counsel's grounds of appeal are examined.

According to the reasoning of the judgment of the court below and the court of first instance, it is sufficient to recognize the facts that the certificate of this case is a false official document and that the defendants (the defendant's withdrawal of appeal) recognized the facts of this case as a false official document at the time of the crime of this case. According to the comparison of the records at the court below and the court of first instance, the contents of the certificate, which is an official document of this case, are false, shall be the time for the crime of preparation of false official document against the defendant. Thus, the judgment of the court below in the same purport shall be approved, since the contents of the certificate, which is an official document of this case, are false and shall be the time for the crime of preparation of false official document, and it shall not be deemed that there is evidence of this case as the adoption of evidence was revoked, and it may not affect the conclusion of the judgment even after the adoption of evidence, and it shall not be deemed that there is an incomplete hearing, and it shall not be an indirect error in the misapprehension of the legal principles as stated in the judgment of the court below.

Therefore, all arguments based on the opinion that is replaced with this will return to the fact that it is without merit.

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

Justices Presiding Justice (Presiding Justice)