The nature of the inspection report document prepared by the Chairperson of the Korean Electronic Recreation Business Association entrusted with the inspection of the machine by the Minister of Health and Welfare under the main sentence of Article 41 (2) of the Public Health Act.

Even if the Chairperson of the Korea Electronic Recreation Business Association has been entrusted with the inspection of machines by the Minister of Health and Welfare under the main sentence of Article 41(2) of the Public Health Act, the latter part of the same paragraph stipulates that the employees of the organization in charge of entrusted business shall be regarded as public officials only in the application of Articles 129 through 132 of the Criminal Act. Therefore, in the penal laws and regulations, it shall not be construed as being regarded as public officials in the crime of preparing false public documents, and it shall not be regarded as public documents as public documents.

Article 227 of the Criminal Act, Articles 41, 20, and 32 of the Public Health Act

Defendant 1 and one other

Defendant 2 shall be punished by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive, the execution of the above sentence against Defendant 2 shall be suspended.

Seized Bank of Korea 10,000 Nos. 10,000 shall be confiscated from Defendant 2.

The defendant 1 and the defendant 2's preparation of false official documents and the defendant's events are not guilty.

Defendant 2, the secretary general of the Korea Electromagnetic Business Association on June 25, 1989, and around 19:30 on June 25, 1989, the above Defendant 2 expressed his intent to offer a bribe by pushing Nonindicted 1 to the assistant public prosecutor of the Seoul District Public Prosecutor's Office, upon the request of Defendant 1, the president of the above Defendant and the Association, for the preparation of false public documents and for the suspicion of such events.

1. Statement that conforms to the facts stated in the court by Defendant 2;

1. Each statement that corresponds to the facts indicated in each protocol of examination of suspects against Defendant 2 prepared by the public prosecutor;

1. Statement consistent with the facts stated in the judgment among records of seizure prepared by prosecutor;

Articles 133(1) and 129(1) of the Criminal Act.

Article 62 (1) of the Criminal Act (The confession that the defendant has made a confession of the fact of the crime as the first offender, the mistake is divided, and the motive for the crime, etc. is committed)

Article 134 (former part) of the Criminal Act

Of the facts charged in this case against the Defendants, Defendant 1 was the president of the Korea Electromagnetic Business Association, Defendant 2, etc., who is in the position of the secretary general of the Association, and Defendant 1 was the public official equivalent to Defendant 1, who is the president of the Association, to the extent that the Association had transferred the authority to conduct a final inspection of the e-mail and the e-mail of the e-mail of the e-mail of the e-mail of the Ministry of Health and Welfare in accordance with the standards for the program of the e-mail of the e-mail of the Ministry of Health and Welfare, as amended on January 25, 1989.

1. The Defendants conspired to:

A. The facts at the above Association's office in Jung-gu Seoul Special Metropolitan City, Jung-gu, 101-7, 608, Jung-gu, Jung-gu, 1989 are: (a) although Kwikset-gu, which was manufactured in Gyeongwon Electronic, Kwikset-gu, Kwikset-gu, and Kwikset-gu, which was manufactured in Mekset Engineering, is not a machine subject to the above Association's self-inspection as of January 24, 1989; (b) even if the above Association's self-inspection was not a machine as of January 31, 1989; (c) it is not necessary to undergo an inspection by the Inspection Committee, which was newly organized by the above notification; (d) it is deemed to have undergone an inspection by the above notification; and (e) it constitutes a false self-inspection machine as of January 31, 198, which is prepared with the purpose of exercising Article 3 (Transition Provisions) of the above notification Rule, and its contents are applied to the above 319.

B. Around that time, the Minister of Health and Welfare, each Mayor/Do Governor, each chief prosecutor of each district public prosecutor's office, and the chief prosecutor of each public prosecutor's office, etc., who is the recipient of the above false public document, shall send the document to the public prosecutor's office and the chief prosecutor of each public prosecutor's office, and the Defendants shall prepare the document in the name of the chairman of the Korea Electromagnetic and Diplomatic Association, the contents of which are inconsistent with the facts charged, and sent it to the relevant agencies. However, the above documents are not public officials and the above documents are not public documents, so they are argued that they do not constitute the crime of preparation of false

First of all, the Defendants’ statements in this Act, each protocol of examination of their respective amusement machines among the Defendants who prepared their respective statements in this Act, each copy of the inspection result of the electronic amusement equipment program and machine (for physical training), each copy of the notification of the inspection result of the electronic amusement equipment (for mechanical and physical training), meeting copy of the announcement of the Ministry of Health and Social Affairs No. 87-12, and each copy of the public notification of the Ministry of Health and Social Affairs No. 89-4, which were amended as of January 25, 1989, shall be deemed to fall under the category of the above 19-4 electronic amusement equipment which were manufactured by the public officials of the above Ministry of Health and Social Affairs to the effect that the above 19-1 electronic amusement equipment shall be deemed to fall under the category of the above 19-6 electronic amusement equipment which was prepared by the public officials of the above Ministry of Health and Social Affairs to be the 19-6 electronic amusement equipment, and the said public notification committee shall be deemed to have completed its inspection of the program and mechanical installation.

Even if it is based on the previous data submitted by the prosecutor, it is not directly proved that Defendant 1 becomes qualified as a public official under the above provision of the Act or that the above document is a public official under the above provision of the Act. However, due to the implementation of Article 89-4 of the amended Public Health and Welfare Notice as of January 25, 1989, the Association becomes an inspection agency for programs, etc., and if it is examined by the Association, it shall be reported to the Minister of Health and Welfare pursuant to the provision of Table 1 of the Enforcement Decree of the Public Health and Welfare Act (Article 8, subparagraph 2 of the above Public Health and Welfare). Thus, there is controversy as to whether the above programs, etc. are qualified as the public official under the above provision of Article 2, Paragraph 2 of the Public Health and Welfare Act, and the legal basis for the above authority of the public official shall not be deemed to be the public official under the provision of Article 41, Paragraph 2 of the same Article of the same Act, and it shall not be deemed to be the public official under the same provision of the Act.

Thus, the defendants' preparation of false official document and the exercise of the same shall be pronounced not guilty in accordance with Article 325 of the Criminal Procedure Act because the defendant's case does not constitute a crime or there is no proof of criminal facts.

It is so decided as per Disposition for the above reasons.

Judges Kang Yong-sung