The meaning of "securities" in the crime of uttering of forged securities

The term "securities" in the crime of uttering of forged securities refers to the original of forged securities, and a copy which mechanically copied using an electronic reproduction machine, etc. does not correspond to this.

Articles 214 and 217 of the Criminal Act

Defendant

Prosecutor

Seoul District Court Decision 97No4906 delivered on September 26, 1997

The appeal is dismissed.

We examine the grounds of appeal.

1. The summary of the facts charged in the instant case is as follows. In other words, the Defendant changed his claim from a promissory note claim against the said victim to a loan claim, and submitted to the application for the alteration of the claim and exercised it by submitting a written application for the alteration of the claim to the effect that: (a) one promissory note, which is, one of the securities in the name of the victim Ors fever (the Defendant, with the prior signature and seal affixed only from the victim Ors fever and the non-indicted 15, April 15, 93; (b) the issue date of the blank Promissory Notes, which was written in the blank Promissory Notes, with the prior signature and seal affixed only from the victim Orste fever and the non-indicted 1,80,00; (c) the addressee's laver; and (d) the Defendant.

2. The first instance court rejected the prosecutor's appeal by supporting the first instance court's judgment, on the ground that the defendant's submission of the falsified Promissory Notes to the court is without proof of crime, and there is no evidence to deem that the above falsified Promissory Notes was made by submitting the above falsified Promissory Notes to the above application form for modification of the lawsuit, even though it is acknowledged that the defendant had submitted the falsified Promissory Notes to the court, the defendant's original copy of the falsified Promissory Notes, which is the attorney Park Jong-gu Office. However, there is no evidence to prove that the above facts charged constitute a case where there is no proof of crime or no evidence to prove crime, and even in light of the records, there is no evidence to prove that the defendant submitted the forged Promissory Notes to the court, and that the crime of uttering of forged Securities refers to the original copy of the falsified Promissory Notes by using the electronic

3. In light of the legal principles as to the record and the crime of uttering of forged securities, the above judgment of the court below is just, and there is no error of law by misunderstanding legal principles as alleged in the grounds of appeal. In addition, where the charge of the exercise of forged securities is not found to be guilty, the argument that the charge should have been punished as a

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

Justices Kim Jong-sik (Presiding Justice)