Defendant

Prosecutor

Is Earsen

Attorney Kim Won-ho

Cheongju District Court Decision 2010Gohap100 Decided February 25, 2011

The prosecutor's appeal is dismissed.

1. Summary of prosecutor's grounds for appeal;

In light of the legal interests protected by the crime concerning the currency, “the safety and credit of transaction in the currency,” and the degree of protection thereof is abstract dangerous crimes, the court below acquitted the defendant on the ground that it is difficult to view that the evidence submitted by the prosecutor alone, on the premise that “the purpose of uttering” as an element for the crime of forgery of currency requires distribution in the currency, and that there was no purpose to exercise the right to use the currency solely on the ground that it is difficult to see that there was a misapprehension of legal principles as to the crime of forgery of currency, or that there was an error of law by misapprehending the legal principles or by misapprehending the facts.

2. Determination:

The court below presumed that the crime of forging a currency under Article 207 (1) of the Criminal Act is established when it is forged or falsified to the effect that it can be distributed in currency for the purpose of exercising this right. Thus, it does not constitute an exercise of its credit. According to the evidence submitted by the prosecutor, the defendant purchased necessary goods in order to forge 50,000 won and copied several fronts of the right to 50,000 won with a knife in knife in knife and in knife in knife in knife, but some of them were different in size, but it was insufficient to recognize that there was a purpose to exercise this right. However, there was no other evidence to acknowledge that the defendant had the right to 50,000 won in knife in knife knife knife knife knife knife knife knife knife knife k.

The crime of forging a currency and the crime of forging a counterfeited currency, which are the objects of the crime of uttering of a counterfeited currency, must have the appearance of the general public to the extent that it can be mistaken for a genuine currency in the course of distribution (see Supreme Court Decision 85Do570 delivered on April 23, 1985,

According to the above legal principles and evidence duly adopted and examined by the court below, the defendant copied the front of 50,00 won in a blade to forge the right of KRW 50,000,000, and some of them were different from the blades in size, but some of them were not correct, and the defendant's counterfeited currency created cannot be deemed to have the appearance of such an extent. In light of the records and the thorough examination, it is just to find the defendant not guilty on the ground of the above properly stated by the court below, and there is no error of law by misunderstanding legal principles or misunderstanding of facts as argued by the prosecutor, and the prosecutor's above assertion is without merit.

3. Conclusion

Therefore, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Kim Heung-ung (Presiding Judge) Doz. (Presiding Justice)