Whether the act of presenting forged documents to others by facsimile constitutes the crime of uttering of forged documents

A copy of a document which copied the original by mechanical means using a photographer, copyer, etc. shall be the object of the crime of forging documents and the crime of uttering of forged documents, and the presentation of forged documents to others by facsimile shall also constitute the crime of uttering of forged documents.

Articles 234 and 231 of the Criminal Act

Supreme Court en banc Decision 87Do506 Decided September 12, 1989 (Gong1989, 1418) Decision 92Do226 Decided November 27, 1992 (Gong193Sang, 316)

Defendant 1 and two others

Defendants

Changwon District Court Decision 93No1084 delivered on December 10, 1993

All appeals are dismissed.

1. Judgment on the Defendants’ ground of appeal No. 1

If the evidence adopted by the court of first instance by the court below was examined by comparing the records and records, the defendants forged a factory lease contract under the name of the Sungsung Products Co., Ltd., and then submitted copies to the non-indicted purchaser who is in charge of foreign exchange affairs at the Industrial Bank of Korea. The defendant sent the forgery contract to the Incheon District Fishery Products Inspection Office by facsimile and then sufficiently recognized the fact of its use. The judgment below did not properly conduct the deliberation like the theory of lawsuit and did not err in the misapprehension of the rules of evidence, and therefore there is no reason to discuss.

2. Determination on the ground of appeal No. 2

Even if a copy of a document which copied the original by mechanical means using a photographer, duplicateer, etc., constitutes a document which is the object of the crime of forging documents and the crime of uttering of forged documents, the opinion was taken by the en banc Decision 87Do506 Decided September 12, 1989 by the party member, and the presentation of forged documents to others by facsimile shall also be deemed to constitute a crime of uttering of forged documents.

Therefore, the judgment of the court below that the defendants' act of presenting a copy of the forged factory lease contract or by facsimile of the document constitutes the crime of uttering of the falsified investigation document is just, and the judgment below did not err by misapprehending the legal principles as to the objects of the crime of uttering of forged documents or the meaning of its exercise, and therefore there is no reason to interpret this.

3. Therefore, all appeals by the Defendants are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Ahn Yong-sik (Presiding Justice)