Main Issues
Whether a crime of uttering of a counterfeited currency may be the object of such crime, even if there is no concern that it may be objectively mistaken for a genuine currency (negative)
Summary of Judgment
A counterfeited currency which is the object of the crime of uttering of a counterfeited currency shall be objectively deemed to have reached the extent that an ordinary person misleads it into a true currency, and the degree of the above provision shall be sufficient, or it shall not be sufficient to easily identify the truth, but it shall not be the object of the crime of uttering of a forged currency if it is objectively deemed to have reached the extent that it is impossible to distinguish the truth and the truth and the truth, such as the Bank of Korea 10,000 won, which is a forged paper of this case.
[Reference Provisions]
Article 207 of the Criminal Act
Escopics
Defendant
upper and high-ranking persons
Prosecutor
Judgment of the lower court
Daegu High Court Decision 84No630 delivered on January 29, 1985
Text
The appeal is dismissed.
Reasons
The prosecutor's grounds of appeal are examined.
A counterfeited currency, the object of the crime of uttering of a counterfeited currency, is sufficient if it is objectively deemed to have reached the extent that the person makes it difficult for him to enter it into the true currency, and the degree of the above Article must be satisfyed in the truth, or there is no need to easily identify the truth. However, according to the judgment of the court below, the fact that the paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper paper.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Jong-sik (Presiding Justice)