The elements of the crime of misrepresentation as a public official

A person who assumes a false qualification as a public official shall be punished by exercising the authority of the public official under the awareness that it belongs to the authority of the public official.

Defendant 1 and one other

Prosecutor Kim Jong-chul of Seoul District Prosecutors' Office

Seoul Criminal Court Decision 73No1887 delivered on June 7, 1973

The appeal is dismissed.

As to the grounds of appeal by Prosecutor Kim Jong-chul of Seoul District Prosecutor

It can not be recognized that there is a misapprehension of the legal principle as to the acquittal of the defendant on the ground that the act of the defendant in this regard belongs to the affairs of Article 1 of the Decree on the Organization of the Office of the Presidential Secretariat or is not an act recognized as such, under the recognition that the act of a false public official is within the authority of the public official. The argument is groundless.

Therefore, according to Article 390 of the Criminal Procedure Act, it is decided as per Disposition by the assent of all participating judges.

Justices Rin- Port (Presiding Justice)