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(영문) 대법원 2013.12.26 2013도13562

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and asserted a mistake of facts as to the fraud of the victim R among the facts charged in the instant case, along with other allegations in the grounds of appeal, but withdrawn the grounds of appeal for mistake of facts on the third trial of the court below.

In this case, the argument that the judgment of the court below erred in the misconception of facts as to the fraud of the victim R among the facts charged in this case cannot be a legitimate ground for appeal.

In addition, examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of the forgery of private documents, the uttering of private investigation documents, and the fraud of victims G among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the crime of uttering of private investigation documents and the crime

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