In a case where a part of the surface of the 500 foot coins issued by the Bank of Korea was cut and damaged to use it as in Japan’s 500 foot coins, whether it constitutes a monetary alteration (negative)

Although the Defendants suffered damage to the surface of the 500 foot coins issued by the Bank of Korea, the size, shape, and most forms remain. Accordingly, it cannot be deemed that there was a change in the existing 500 foot coins or the actual value of the said 500 foot coins, or that there was an objective view that the general public created a new currency to the extent that they would have entered Japan into the Republic of Korea’s 500 foot coins. It cannot be deemed that only the nominal value was changed to the 500 foot coins Japan’s 500 foot coins, or that the Japanese vending machine, etc., processed as mentioned above, was mistaken for Japan’s 500 foot coins.

Article 207(1) of the Criminal Act, Article 10 of the Act on the Aggravated Punishment, etc.

Defendant 1 and five others

Prosecutor

Attorney Park So-young (Korean National Assembly)

Busan High Court Decision 2000No387 delivered on August 16, 2000

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

According to the facts and records established by the court below, the 500 foot coinss issued by the Bank of Korea and the 500 foot coinss issued by the Bank of Korea are similar to its material and size, and if the surface of 500 foot coinss issued by the Bank of Korea is equal to that of Japan's 500 foot coinss issued by the Bank of Korea, it can be put into the vending machine, etc. of Japan and used as a 500 foot coinss. The defendants, who started up with this fact, find out the 500 foot molds issued by the Bank of Korea and completed the remaining parts of the front literature to be processed in Japan, and the remaining parts were removed from Japan. compared with the previous coins, compared with this, the facts that some of the front literature forms were reduced or decreased, and that the front literature forms were the same as the size, shape, and the face value of 50 foots.

In full view of these facts, even though the defendants suffered damage by finding out part of the surface of the 500 foot liquor issued by the Bank of Korea, the size, shape, and most forms remain. Accordingly, it cannot be deemed that the existing 500 foot liquor was changed in its nominal value or actual value, or that a new currency was created to the extent that the ordinary person would have entered Japan into the 500 foot coins, from an objective perspective, and only the above fact that the vending machines, etc. in Japan were processed as above, it cannot be deemed that the nominal value was changed to the 500 foot liquor in Japan, or that the ordinary person had entered Japan into the degree of entering Japan into the 500 foot liquor.

The judgment of the court below to the same purport is just, and there is no error of law by misunderstanding the legal principles on alteration of currency.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Cho Cho-Un (Presiding Justice)