[1] The meaning of "documents" in the crime concerning documents under the Criminal Code

[2] Whether image appearing in a computer monitor constitutes "documents" as to documents under the Criminal Act (negative)

[3] The case holding that an image file of a licensed real estate agent qualification certificate created through computer cans does not constitute "documents" as a crime concerning documents under the Criminal Act

[1] Articles 225 and 231 of the Criminal Act / [2] Articles 225 and 231 of the Criminal Act / [3] Articles 225 and 229 of the Criminal Act

[1] [2] Supreme Court Decision 2004Do788 Decided January 26, 2006 (Gong2006Sang, 365) Supreme Court Decision 2007Do7480 Decided November 29, 2007

A

Prosecutor

Seoul Eastern District Court Decision 2007No1098 Decided January 10, 2008

The appeal is dismissed.

We examine the grounds of appeal.

In the crime related to documents under the Criminal Act, a document means a copy of the original, which is an indication of the intention or idea stated on the object continuously by letters or a virtual code that can replace them, or by mechanical means that can present the same social function and credibility, etc., and its contents can be admitted as evidence with respect to important matters in legal and social life (see, e.g., Supreme Court Decision 2004Do788, Jan. 26, 2006). The image shown on the computer monitor screen is merely shown on the screen when the program to see the image file is implemented, and it cannot be deemed that it is continuously fixed on the screen because it causes an electronic response at that time, and it does not constitute "documents" in the crime related to documents under the Criminal Act (see Supreme Court Decision 2007Do7480, Nov. 29, 2007).

According to the reasoning of the judgment below, the court below held in this case that the image file of a licensed real estate agent qualification certificate created by the defendant through computer can be deemed as electronic records, which is fixed in an electronic form in the electronic records system, but since such form is not itself that can be understood by visual means, it is difficult to regard it as "documents" in the Criminal Act. In light of the legal principles as seen earlier, the judgment of the court below is just, and there is no error in the misapprehension of legal principles as to documents under the Criminal Act, as otherwise alleged in the ground of appeal.

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

Justices Lee Hong-hoon (Presiding Justice)