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(영문) 대법원 2013.10.11 2013도10083

사기등

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

The part rejected by the defendant on the ground of final appeal that the arguments raised by the defendant cannot be accepted in the final appeal shall become final and conclusive at the same time as the judgment of the final appeal rendered by the court of final appeal, and the remanded court shall not render any judgment contrary thereto. Thus, the defendant cannot make any further claim as to that part as the ground for final appeal (see, e.g., Supreme Court Decision 2005Do1247, Oct. 28, 2005). Furthermore, it cannot be a legitimate ground for final appeal to delay a new argument that had not been asserted in the previous case on the part in which the final and conclusive power occurred.

(2) According to the records, the court below's determination that the defendant erred by mistake of facts, incomplete deliberation, or misunderstanding of legal principles, etc., the violation of the Attorney-at-Law Act due to "acceptance of money or goods in exchange for introduction," the crime of forging private documents, and the crime of uttering of private documents in the investigation document was rejected since it was judged that the judgment of remand was not well-grounded. Thus, the argument in this regard is not a legitimate ground for appeal in accordance with the above legal principles.

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