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(영문) 서울고등법원 2019.08.16 2019나2000690

물품대금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, and thus, citing this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Provided, That some of the judgment of the first instance shall be amended as follows:

[Supplementary part] From the second judgment of the court of first instance, the "Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)" was added to the "Violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)".

On the third 9 to 10th 10th 1 of the judgment of the first instance court, "the above judgment is pending in the appellate court" shall be followed as follows.

As to the above judgment, C and the Prosecutor appealed to the District Court 2018No234. On January 17, 2019, the above court rejected all the grounds for appeal of the Prosecutor’s “De facto mistake or misunderstanding of legal principles” and “dual unjust treatment,” and sentenced C to one year of imprisonment with prison labor with prison labor for the reason for appeal of the Prosecutor’s “dual unjust treatment.” As to the above judgment, C appealed appealed to Supreme Court Decision 2019Do1775, but the Supreme Court rendered a decision to dismiss C’s appeal on April 5, 2019.” On April 5, 2019, the Court added “this Court” to “(based on recognition)” of the suspension of the third page of the judgment of the first instance court.

From No. 5 of the judgment of the first instance court, the term "related to C" in the second sentence shall be changed to the term "related exclusively to C individuals".

On the 7th judgment of the first instance court, the "violation of the Punishment of Tax Evaders Act" in the 13th judgment shall be punished by "violation of the Punishment of Tax Evaders Act".

2. If so, the judgment of the court of first instance is just in conclusion with the court of first instance, and thus, the plaintiff's appeal is dismissed as it is without merit.