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| TITLE | Supreme Court en banc Decision 2019Do11294 Decided August 27, 2020 【Fraud; Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement); Occupational Embezzlement; Occupational Breach of Trust; Falsification of Private Electromagnetic Records, etc.; Exercise of Falsified Private Electromagnetic Records, etc.; Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment; Misrepresentation in Original Authentic Deed; Exercise of Misrepresented Original Authentic Deed; Violation of the Commercial Act】 [full Text] |
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[1] Meaning of inputting “false” information into the electromagnetic records system [2] Meaning of “the intention of disrupting conduct of affairs” as referred to in the falsification of private electromagnetic records, etc. [3] In a case where a juristic person constructs, installs, and operates a computer network system with the intention of generating, processing, saving, and outputting data electronically, using any data processor such as computer, special media records, such as electromagnetic records, that are provided for the above system and data are generated, processed, saved, and outputted according thereto, correspond to special media records, such as electromagnetic records, etc. of “another person” in relationship to the executives and staff members of a juristic person (affirmative) [4] The case where a person authorized to input individual unit data within the scope of each duty from the principal system installation and operation entity creates electromagnetic records that are contrary to the intention of the said entity through input of false information by abusing the authority invested in said person as well as the case where a person not authorized to be involved in the generation of electromagnetic records creates electromagnetic records or inputs unit data necessary for the generation of electromagnetic records in relationship to the principal system installation and operation entity constructed, installed, and operated with the intention of generating, processing, saving, and outputting data electronically is also included in “falsification” of electromagnetic records as referred to in the falsification of public electromagnetic records, etc. (affirmative) Whether the above legal doctrine is likewise applicable to “falsification” stipulated as the form of conduct in the falsification of private electromagnetic records (affirmative) |
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