Even if a document in the name of another person has been forged and exercised, if the nominal owner has already died, the forgery of the private document and the crime of uttering thereof shall not be established unless the date of preparation of the document has become the date of survival of the nominal owner.

Even if a document in the name of another person has been forged and exercised, if the nominal owner has already died, the forgery of the private document and the crime of uttering thereof shall not be established unless the date of preparation of the document has become the date of survival of the nominal owner.

Article 231 of the Criminal Act

Defendant 1 and one other

Prosecutor

Busan District Court Decision 70No1633 delivered on September 9, 1970

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

According to the reasoning of the judgment below, the court below found that the defendants conspired to gather the non-indicted's name on November 1, 1968 and prepare one sale certificate and two proxy form in collusion with the defendants to use the non-indicted's name, but even if the title holder had forged and exercised documents under another's name, if the title holder had already died at the time of the preparation of the documents, it does not constitute crimes of aiding and abetting private documents or crimes of uttering thereof unless the date of preparation of the documents became the date of survival of the title holder. Thus, the non-indicted's death in June 25, 194 was recognized by the contents of the family register copy and the date of preparation of the above private documents was made on November 1, 1968, and it is evident that this case's private document was forged under the name of the non-indicted, and that the facts charged for the use of the document should not be established, and if the title holder did not know that there was an error in the law of forgery or alteration of the official seal of the head of the Dong by using the evidence.

Judge Do-dong (Presiding Judge) of the Supreme Court