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Cases
2019Do13730A. Breach of trust
(b) Fraud;
(c) False entry into public electronic records;
(d) Events such as false statements and electromagnetic records; and
(e) Violation of the Act on the Registration of Real Estate under Actual Titleholder's Name;
Defendant
A
Appellant
Defendant and Prosecutor
Defense Counsel
Law Firm Enhancement
Attorney Kim Young-chul, Counsel for defendant-appellant
The judgment below
Cheongju District Court Decision 2019-197 Decided September 6, 2019
Imposition of Judgment
November 2019, 28
Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. On the grounds of appeal by the prosecutor, the lower court acquitted the Defendant on the part of the facts charged in the instant case on the grounds that there was no proof of crime. Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending
Although the prosecutor appealeds the entire judgment of the court below against the defendant, the prosecutor does not state in the petition of appeal or the appellate brief the grounds for objection to the conviction.
2. As to the Defendant’s grounds of appeal, the lower court convicted the Defendant of the violation of the Act on the Registration of Property under Actual Titleholder’s Name among the facts charged in the instant case (hereinafter “Real Estate Real Name Act”). Examining the reasoning of the lower judgment in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on the establishment of “a person who administers another’s business” and “a person who commits another’s business
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Judges
2. Judgment of the presiding judge
Chief Justice Kim Jong-il