All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In a case where a document forged by misunderstanding the legal principles (public prosecutor) is imageed by a scanner, and then is transmitted and viewed on the computer screen, the crime of uttering of the above investigation document is established, considering the purport of the Supreme Court Decision 2008Do5200 Decided October 23, 2008 and the excellence of the cans or photograph files following technological development, the transmission of the forged securities by affixing a photograph shall also be deemed to constitute the use of forged securities.

Nevertheless, the lower court erred by misapprehending the legal doctrine on the crime of uttering of forged Securities, which acquitted the Defendant of the fact of exercising forged securities among the charges of this case.

B. As to the punishment sentenced by the court below (the defendant and the prosecutor), the defendant asserts that the defendant is too unreasonable and unfair, while the prosecutor asserts that the defendant is too uneasible and unfair.

2. Determination

A. In the crime of uttering of forged or falsified securities by a prosecutor's assertion of misapprehension of the legal principles, the term "securities" refers to the original of forged or falsified securities, and the copy which has been mechanically reproduced using the electronic reproduction machines, etc. does not constitute such act (see Supreme Court Decisions 97Do2922, Feb. 13, 1998; 2006Do8480, Feb. 8, 2007). In addition, the image of the forged or falsified securities by affixing the original by digital camera shall not be deemed to constitute the securities in the crime of uttering of forged or falsified securities, as it is the same as the copy which has been mechanically copied in the above precedents.

Therefore, the court below is just in finding a not guilty of the exercise of forged securities among the facts charged in this case, and there is no error of law as alleged by the public prosecutor.

B. Circumstances favorable to the Defendant and the prosecutor’s assertion of unfair sentencing, and the instant crime are committed.