Whether an event for the preparation of securities is an event for qualification, if a bill was issued and delivered under the name of the defendant, with the seal of "the representative director of the Ansan-dong taxi company" written in the issuer column of the promissory note and under the name of the defendant.

In the issuance of promissory notes, if the “Defendant” is stated in the issuer’s address column, and the seal of “Defendant” under the name of Defendant is sealed and delivered to another person, then the promissory notes, which are securities, cannot be deemed to have been prepared solely on the basis of this fact, with the qualification of the representative director of Ansan-dong si, as well as the name of Defendant.

Article 215 of the Criminal Act

Defendant

Prosecutor

Daegu District Court Decision 73No1977 delivered on May 2, 1974

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

In issuing the Promissory Notes, the court below maintained the judgment of the court of first instance that acquitted the defendant on the ground that the defendant did not exercise a promissory note, which is a securities, using the qualification of the representative director of the Ansan-dong taxi company, on the sole basis of the fact that the defendant stated "the defendant" in the issuer's address column and under the name of the defendant "the defendant, the representative director of the Ansan-dong taxi company," and delivered the said note to the non-indicted Nam-si under the name of "the defendant, the representative director of the defendant," and on the contrary, there is no evidence that the defendant used the qualification as representative director of the above company and exercised the securities, and therefore, it cannot be recognized that there is a violation

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

Justices Seo-gu et al. (Presiding Justice)