Whether an act of a person to whom a promissory note is given by endorsement in blank from a third party constitutes a crime of forgery or alteration of securities, with his/her name and date written in the endorsement column and the fourth endorsement column, after the person to whom the promissory note was given by endorsement in blank, delivers or transfers it to a third party without endorsement on the said note, and then the payment of the above promissory note was refused by the third party.

Article 214 (2) of the Criminal Act provides that "any description on the rights and obligations of securities shall be forged" means that a person who does not have the authority to prepare a promissory note is engaged in an incidental security act, such as endorsement, guarantee, etc., by gathering another person's name, and "an alteration of entry on the rights and obligations of securities" refers to an alteration by a person who does not have the authority to prepare the entries on the securities's incidental securities act, which has been duly formed. Thus, since a promissory note is delivered and transferred from a third party to a delivery and transfer by means of blank endorsement without filling up the blank and without filling up the blank, if the person who delivers and transfers a promissory note refuses to pay the promissory note at the maturity and the legitimate holder of a promissorysory note by discharging his/her duties to the transferee, and redeems the promissory note, the act does not constitute a alteration of the securities' name and the date of endorsement, even though it is combined between the third column endorsement and the fourth column endorsement and the fourth column for its preservation.

Article 214(2) of the Criminal Act

Defendant

Defendant

Seoul Criminal Court Decision 87No7114 delivered on March 23, 1988

The judgment of the court below is reversed.

The case shall be remanded to the Panel Division of Seoul District Criminal Court.

The defendant's grounds of appeal are examined.

1. The judgment of the court of first instance: if the defendant stated in the blank note that it constitutes a three-wheeled bill which is a third endorsement (e.g., gold 9,825,00 won, maturity 3 December 3, 1985), the third endorsement of tingu, which is a three-endorsed bill for the purpose of exercising its right as of December 12, 1985, and one part of the separate endorsement of the original medicine Co., Ltd., which is the fourth endorsement, shall be stated in the address column, and then the defendant stated in the address column as "Seoul Si, 1985, Sep. 12, 1985," the name of the defendant stated in his name as to the rights and obligations of the original endorsers Co., Ltd., Ltd., which is a new bill, and the defendant did not present the original endorsement to the original endorser Co., Ltd., Ltd., which is a new bill, and did not use the original endorsement as of February 1986, 1986>

2. However, Article 214 (2) of the Criminal Act provides that "a person who does not have the authority to prepare a promissory note shall make it clear that he/she performs his/her duty to the transferee and redeems the promissory note to the due date and makes an incidental security act, such as endorsement, guarantee, etc., using the name of another person;" "a person who alters the rights and obligations of securities" means a person who does not have the authority to prepare the entries in the securities with regard to the incidental securities act under the name of another person. In this case, as determined by the court below, if the defendant takes delivery of a promissory note from a third person through a blank endorsement and transfers it to a third person without filling the blank and without filling the blank, it does not constitute an unlawful alteration of Article 214 (2) of the Criminal Act because the defendant's act does not constitute an unlawful alteration of Article 214 (1) of the Criminal Act because it does not constitute an unlawful act of preparing a false statement in the name of another person, although it does not constitute an unlawful alteration of the original description of Article 24 of the Criminal Act.

3. Therefore, the judgment of the court below shall be reversed, and the case shall be remanded to the court below for a new trial and determination. It is so decided as per Disposition with the assent of all participating judges.

Justices Lee Jae-sung (Presiding Justice)