공무원을 기망하여 허위의 공문서를 작성한 행위의 형사책임

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 Code). 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.