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(영문) 대법원 2016.5.12.선고 2016도2930 판결
가.부패방지및국민권익위원회의설치와운영에관한법률위반나.부동산실권리자명의등기에관한법률위반다.공무상비밀누설
Cases

2016Do2930(a) Act on the Prevention of Corruption and the Establishment and Operation of the Anti-Corruption and Civil Rights Commission

violation of applicable rate

(b) Violation of the Act on the Registration of Real Estate under Actual Titleholder's Name;

(c) Disclosure of official secrets

Defendant

1.(a)(b).

A

2.(b)

B

Appellant

Defendants

Defense Counsel

Attorney CA (the national election for the defendant A)

Attorney BW, BX, CB (private ships for Defendant B)

Judgment of remand

Supreme Court Decision 2015Do9123 Decided November 12, 2015

The judgment below

Suwon District Court Decision 2015No6647 Decided January 29, 2016

Imposition of Judgment

May 12, 2016

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant A’s ground of appeal

Examining the evidence duly admitted by the lower court and the first instance court, it is justifiable for the lower court to maintain the first instance judgment that collected KRW 1,207,851,400 from Defendant A for the reasons indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and light power, or by misapprehending the legal doctrine on the timing of calculating the amount of additional collection.

Other grounds of appeal by Defendant A are not legitimate grounds of appeal, as they are alleged in the grounds of appeal by Defendant A as grounds of appeal, or by the court below as they are not subject to adjudication ex officio.

2. As to Defendant B’s ground of appeal

The part rejected by the court of final appeal on the ground that the argument in the grounds of final appeal is groundless shall be no longer dealt with as the defendant becomes final and conclusive at the same time as the judgment is rendered, and the court remanded may not render a judgment contrary thereto. Thus, the defendant cannot make a claim as to this part as the grounds of final appeal, and it may not be a legitimate ground of final appeal to delay new arguments that had not been asserted as to the part in which the final and conclusive judgment was made (see Supreme Court Decision 2006Do4375, Apr. 24, 2008).

Upon examining the record, Defendant B’s ground of appeal cannot be a legitimate ground of appeal on the ground that it was rejected in the previous judgment of remanding the Supreme Court or was related to the part that was already final and conclusive.

3. Conclusion

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

Judges

Justices Park Sang-hoon

Domestic Judicial Ginkite

The Chief Justice Park Gyeong-hee

Justices Park Sang-ok

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