[1] The meaning of securities in the crime of false preparation of securities or the crime of uttering of forged securities

[2] The case holding that a copy of a bill of lading by facsimile does not fall under the securities mentioned in the crime of uttering of securities with false preparation

[1] Articles 214, 216, and 217 of the Criminal Act / [2] Articles 216 and 217 of the Criminal Act

[1] Supreme Court Decision 97Do2922 delivered on February 13, 1998 (Gong1998Sang, 829)

Defendant 1 and one other

Prosecutor

Seoul High Court Decision 2006No1283 delivered on November 2, 2006

The appeal is dismissed.

The term "securities" in the crime of false preparation of securities or the crime of uttering of forged securities refers to the originals of false or forged securities, and it does not constitute a copy which mechanically copied using the electronic reproduction machines (see Supreme Court Decision 97Do2922 delivered on February 13, 1998, etc.).

The court below found the defendant not guilty of the facts charged for the exercise of false securities in this case on the ground that a copy of the bill of lading 12, by facsimile (fax) attached to the bill of this case and submitted the bill of this case, does not constitute securities in the crime of exercising false securities. The above decision of the court below is justified in accordance with the legal principles as seen earlier, and there is no error in the misapprehension of legal principles as to the exercise of false securities

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

Justices Kim Ji-hyung (Presiding Justice)