Cases
2017Do5975 Acceptance of Misappropriation, Fraud
Defendant
A person shall be appointed.
Appellant
Defendant
Defense Counsel
Law Firm BM, Attorney BN, and BO
Law Firm (LLC) B, Attorney C
Judgment of the lower court
Seoul High Court Decision 2016No3411 Decided April 19, 2017
Imposition of Judgment
September 26, 2017
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court was justifiable to have determined that all of the facts charged in the instant case was guilty 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 exceeding the bounds of the principle of free evaluation of evidence by failing to exhaust all necessary deliberations, thereby exceeding the bounds of the logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on wrongful solicitation, payment relationship, intent, etc.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jae-young
Justices Lee Ki-taik
Justices Park Young-young
Justices Kim Chang-suk