공무원을 기망하여 허위의 공문서를 작성한 행위의 형사책임

• 영문명: The Criminal Liability of a Person who Caused a Public Official by Fraud to Make a False Official Document
• 발행기관: 한국형사법학회
• 저자명: 이창섭(Lee Chang-Sup)
• 간행물 정보: 『형사법연구』형사법연구 제31권, 161~182쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

  A person who caused a public official by fraud to make a false official document is not punished for the violation of article 225, 227 of the Criminal Code. On the one hand, because a person is not a public official. so he is not included in the potential violator of article 225. On the other hand, because a public official don"t know that he makes a false official document, so his act is not in violation of article 227 and a person is not an accomplice in the crime. And as the object of Untrue Entry in an Officially Authenticated Original, etc. (Article 228) is restrictive, all causing a public official by fraud to make a false official document comes under this crime. Therefore there are Acts to deserve to be punished, but not to be punished.
  The underlying cause is that they regard the document which is made by a public official deceived as real. But a document is a object where man" s thought or idea is declared, so the declaring may be canceled if there is a flaw in itself"(Article 110 of the Civil Cod)}. On this occasion the declaring is unvalid and the document is no longer real. Only then the deceiving-person may be punished for the violation of article 225 of the Criminal Code.
  In conclusion, to fill in the blank of punishment in the province of crimes concerning documents, Interpretation considering a possibility is needed that the declaring in document would be canceled, I think.

목차

Ⅰ. 문제의 제기
Ⅱ. 공문서위조죄의 성립 여부
Ⅲ. 허위공문서작성죄의 간접정범의 성립 여부
Ⅳ. 공정증서원본 등 부실기재죄의 성격
Ⅴ. 새로운 관점의 제안
Ⅵ. 맺음말
〈Abstract〉

키워드

간접정범(Mittelbare T？terschaft) 공문서(？ffentliche Urkunde) 의사표시(Willenserkl？rung) 취소가능성(Anfechtbarkeit)