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(영문) 대법원 2017.03.09 2016도13349
위조통화지정행사
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The objective purpose of the crime of forging currency designation under Article 210 of the Criminal Act is to objectively be deemed to have the appearance of a general public to mislead the general public into genuine currency in the distribution process (see, e.g., Supreme Court Decision 2011Do7704, Mar. 29, 2012). The lower court proves that, in light of the following: (a) the paper paper used by the Defendant was reproduced only on the front page of the Bank of Korea 50,00 won; (b) the size and shape is similar; (c) the size and shape of the face of the Bank of Korea is similar; and (d) the color of the true Bank of Korea notes is not sufficient; and (e) the back paper is in blank, it is proved that the Defendant used

On the grounds that it cannot be seen, the first instance judgment that acquitted the instant facts charged was affirmed as it is.

In light of the aforementioned legal principles, the lower court did not err by misapprehending the facts against logical and empirical rules or by misapprehending the legal doctrine on fake currency, contrary to what is alleged in the grounds of appeal.

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

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