The appeal is dismissed.

The grounds of appeal are examined.

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 and other Acts and subordinate statutes, such as the Commercial Act, the registration of incorporation of the company and the details thereof shall not be deemed to constitute false facts as stated in

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 Supreme Court Decision 2019Do9293 Decided February 27, 2020). On the grounds indicated in its reasoning, the lower court acquitted the Defendant on the grounds that there was no proof of crime regarding the part of the instant facts charged, such as false entry of false information, such as public electronic records, and public electronic records of false entry, among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on the crime of false entry, such as public electronic records, and the crime of exercising events, such as public electronic records, thereby adversely affecting the conclusion of the judgment.

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state specific grounds for objection in the petition of appeal or the appellate brief.

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