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(영문) 대법원 2013.12.12 2011도1227
사기교사등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The summary of the facts charged of this case is that the defendant forged the real estate provisional contract under the name of I (hereinafter “the provisional contract of this case”) from May 2006 to September 2006, and delivered the forged provisional contract of this case to A, and caused A to file a lawsuit claiming a penalty against A and forged the provisional contract of this case to submit the forged provisional contract of this case as evidentiary documents, thereby inducing A to exercise the above provisional document of this case and commit fraud.

2. The court below acknowledged the facts as stated in its reasoning after comprehensively taking into account the evidence adopted by the court below prior to remand and the circumstantial evidence newly presented and newly presented evidence in each witness's statement, including A after remand. ① Direct evidence that conforms to the facts charged in the instant case is only the statement A that "the defendant requested to file a lawsuit claiming a penalty through the formation of the provisional contract in this case." It reverses several statements about important matters, such as the time when the provisional contract in this case was delivered, the person who delivered the provisional contract in this case, and whether the original contract or copy was received, and it is difficult to obtain A's statement about how the statement was returned, and it is difficult for A to have prepared the provisional contract in this case, and it is difficult to readily dismiss A's statement in light of its contents, and it is difficult to view A's statement as credibility, ② the defendant's statement was written as a witness at the time when it was forged by the provisional contract in this case, and it is doubtful that A's address was within 201 days prior to the conclusion of the contract in this case.

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