The meaning of the document aiding and determining criteria for the crime of forging private documents;

The crime of forging a private document shall be established in such a way that it can be seen as a genuine private document prepared by the nominal owner in the form and appearance to the extent sufficient for the general public to enter it in the private document prepared by the nominal owner, and shall not necessarily require the signature or seal of the person in whose name the document is prepared. However, whether it is sufficient for the general public to enter it in the private document prepared by the genuine nominal owner shall be determined by comprehensively taking into account the type and appearance of the document, as well as the type and contents of the document, and the function of the document in the general

Article 231 of the Criminal Act

Defendant

Prosecutor

Daegu High Court Decision 87No1331 delivered on November 26, 1987

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

The crime of forging a private document shall be established if it is sufficient for the general public to enter the form and appearance to the extent that it can be seen as a genuine private document prepared by the nominal owner, and it does not necessarily require the signature or seal of the person under whose name the document is prepared. However, whether it is sufficient for the general public to enter the private document in the real name of the nominal owner should be determined by comprehensively taking into account the form and appearance of the document, as well as the type and content of the document, and the function of the document in the general transaction.

Therefore, the court below's finding that "the defendant was not guilty on December 22, 1986. 10:00" of the facts charged in the case of this case by using the paper of the sales contract for the vending machines which was acquired in advance from the Busan-dong Busan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si-si-U.S.-U.S.-S.-dong-U.-dong-dong-U.-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-do-dong-dong-

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

Justices Yellow-il (Presiding Justice)