Whether the crime of forging a private person constitutes a crime of foreign crime against the Republic of Korea and Korean nationals prescribed in Article 6 of the Criminal Act (negative)

Since the crime of forging a private person under Article 239 (1) of the Criminal Act does not constitute a crime committed against the Republic of Korea or a Korean national, in case where a Chinese national forges the seal of a Korean national corporation in China, the seal of the Korean national corporation shall not be under jurisdiction as a foreigner's overseas crime.

Articles 5, 6, and 239(1) of the Criminal Act

Defendant

Prosecutor

Incheon District Court Decision 2002No967 delivered on August 21, 2002

The appeal is dismissed.

The court below is justified in holding that the charge of forging a private person under Article 239 (1) of the Criminal Act does not constitute a crime committed against the Republic of Korea or against a national of the Republic of Korea under Article 6 of the Criminal Act, and that the charge that the defendant of Chinese nationality forged a seal of a Korean national corporation in China does not have jurisdiction over the defendant as a foreigner's overseas crime, and there is no error in the misapprehension of legal principles as

Therefore, the appeal is dismissed as per Disposition.

Justices Lee Yong-woo (Presiding Justice)