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(영문) 서울고등법원 2017.03.08 2016누61091

체당금반환 및 추가징수처분 취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance citing the Defendant’s appeal is not significantly different from that of the Defendant’s assertion in the first instance court, and the judgment of the court of first instance rejecting the Defendant’s assertion is justified.

Therefore, the reasoning of this court concerning this case is that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the dismissal of some contents as follows. Thus, it is accepted by Article 8(2) of the Administrative Litigation Act and Article 420

Part 5 of the first instance judgment of the court of first instance provides that "The judgment of innocence (Seoul Central District Court 2014dan2553)" in Part 4 is that "the prosecutor appealeds the judgment of innocence (Seoul Central District Court 2014dan2553) but the appeal was dismissed (Seoul Central District Court 2016No1998), and the prosecutor re-appeals the appeal, but the appeal was dismissed (Supreme Court 2016Do14284) and the judgment of innocence became final and conclusive."

2. In conclusion, the judgment of the court of first instance is just and the defendant's appeal is without merit, and it is so dismissed as per Disposition.