Extent of the charge of forging a currency

If the color of the Republic of Korea only changes to have a color similar to that of the 100 foot coins on the surface of the 10 foot coins, this cannot be deemed to have been made by the general public to have created a new currency to the extent that it would be done in a real currency.

Article 207 of the Criminal Act

Defendant

Prosecutor

(National Ship) Attorneys Kim Tae-tae

Seoul High Court Decision 78No568 delivered on February 16, 1979

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

The court below affirmed the judgment of the court of first instance which acquitted the defendant on the ground that the defendant's alteration of the color alone does not constitute a crime because it is recognized that the previous 10 foot coins has a color similar to that of the 100 foot coins, but there is no evidence to prove that the name or actual name of the 10 won coins has been changed, or that the 100 won coins or new 10 won coins or new 10 won coins has been made, and that it would be prejudicial to the compulsory use of the 100 won coins, so it is difficult to view that the fact that the defendant's alteration of the color alone does not constitute a payment of new currency to the extent that the general public can be made in a genuine currency, and it is difficult to view that the defendant's alteration of the color alone constitutes a case that does not constitute a crime.

The above judgment of the court below is just, and there is no error of law by misunderstanding the legal principles as to the alteration of a novel call. The argument is without merit.

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

Justices Yu Tae-hee (Presiding Justice)