The extent of the charge of forging a currency

Even if the front and rear sides of the 10,000 Won has been reproduced with an electronic reproduction machine, and even if it was well-known in the monetary size, it is reasonable to believe that it is only black and white, and there is no room to believe that it is a true monetary from an objective point of view, it does not fall under the monetary protocol.

Article 207 of the Criminal Act

8 August 28, 1979, 79Do639 decided Feb. 28, 1979 (Public Notice Article 207 (1) 139 of the Criminal Act, No. 619, 1202)

Defendant

The defendant is innocent.

The facts charged in the instant case against the Defendant

around 17:00 on December 3, 1983, the defendant used 5,000 won notes 2 and 10,000 won notes 5,00 won notes 16,100 won notes 10,000 in duplication paper using an electronic reproduction machine located in a Dong office (name omitted) at the (name omitted) metal laboratory located in Busan (detailed number omitted) north-gu, Busan, and then used 21:00 on December 3, 1983, he copied 10 copies of 5,00 won notes 16,10,000 won in duplication paper, and stored 10,000 won in Myeonk-kkkk-khin, which is the same as the above monetary size, and then stored in the (title omitted) at the (detailed number omitted) store of 21:00 Busan, and then he forged 10,000 won for his use to the non-indicted 10,000 won.

In this regard, the facts that the defendant first copied the Bank of Korea 5,00 won notes and 10,000 won notes as stated in the above facts charged, and paid 10,000 won notes and 2 in the execution value which were reproduced after being copied by the defendant, are recognized by the defendant's statement in the court, the statement of the non-indicted 1 in the preparation of the judicial police assistant, the entry in the statement of the non-indicted 1 in the court, the seizure of the above paper 26 pages (Evidence No. 1, 2, 4, 7) and other records.

However, in order to establish the crime of uttering of forged currency, the currency held by the defendant should be forged, and the forgery of a currency should be objectively viewed to reach the extent that the general public can be mistaken for a true currency. Therefore, we examine whether the Defendant was in possession of the currency in this case.

It is clear that the defendant paid 10,00 won to the above 20-use statement, which is similar to the real currency of 00,000 won, and that the previous 2-use copy is similar to the previous 6-use statement, but it is hard to see that the previous 1-use copy is limited to black currency without breaking 2-use, and it is hard to see that the defendant used 0-use copy of the above 1-use statement for 0-use and 5-use copy of the original 0-use statement, and that it was not possible to see that 1-6-use copy of the original 0-use statement without using 0-use copy of the original 0-use statement, and that 1-5-use copy of the original 0-use statement, which was made by the defendant, was made 0-use of the original 6-use copy of the original 0-use statement, and that there was no difference between 0-use and 0-use copy of the original 0-use statement.

Therefore, there is no proof of criminal facts as to the above facts charged, so the defendant shall be acquitted under Article 325 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

Judges Kang Jong-soo (Presiding Judge)