[사문서위조,사문서위조행사][집23(2)형038,공1975.9.15.(520) 8590]
White paper shall be attached to the list of works in the paper of the motion picture production written consent of the film author already prepared, and the name of the author shall be changed and the address and name of the author shall be stated, and if submitted to the censorship authority, the forgery of the private document, and the nature of the crime of uttering shall be stated.
In the name of "A" where the seal of the film author is affixed, a white paper is attached to the name of the author to the part in which the film production is made, without the consent of the author, to the effect that the film author approves the production of the film in the name of "A" and without the consent of the author, and then the author's address and name are stated above the "B", and if the film author submitted it to the censorship authority, even if there was no fact of coercing the individual between the blank attached to the consent and the seal of the original author, and there was no fact of using the new seal of the original author, the crime of forging the private document and uttering is established.
C
Attorney (private Ship) D
Seoul Criminal Court Decision 73No4741 delivered on November 27, 1974
The appeal is dismissed.
The grounds of appeal by defense counsel are examined.
The judgment of the court of first instance maintained by the court below that the defendant consented to produce a film in the name of "A" affixed with the seal of "A" in the name of the author who affixed the seal of "A", with the intention of exercising the letter of consent of the author to produce the film, shall put a white paper on the part of "A" in the name of "B" in the name of "B" without the above E's consent, and entered the author's address and name "B" in the name of the author's address and name "Y, Yongsan-gu Seoul Metropolitan Government, and agreed to allow the production of the film with each copy of "B" created by the above E's own motion picture," and it is sufficient for the general public to write the authentic private document with the form and appearance of "A" and therefore, the court below's decision is just in finding facts and there is no error in the misapprehension of legal principles as to the evidence and the remaining portion of the signature's use of the document.
For these reasons, this decision is delivered with the assent of all participating judges.
Justices Ahn Byung-soo (Presiding Justice)