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(영문) 대법원 2016.9.28.선고 2015도13785 판결
독점규제및공정거래에관한법률위반
Cases

2015Do13785 Violation of Monopoly Regulation and Fair Trade Act

Defendant

1. A stock company;

2. B

3. Stock companies D.

4. E.

Appellant

Defendants

Defense Counsel

Attorney BY (for defendant corporation A and B)

H Law Firm (Attorneys BZ, I,X, J, BW)

(for Defendant D and E)

Judgment of the lower court

Seoul Central District Court Decision 2014Do5097 Decided August 21, 2015

Imposition of Judgment

September 28, 2016

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of 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 convicting all the charges of this case on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by exceeding the bounds of the principle of free evaluation of evidence, by misapprehending the legal doctrine as to whether the agreement in this case exists, by restricting competition, by establishing unfair collaborative acts, by misapprehending the principle of self-responsibility, and by failing

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

Justices Park Jae-young

Justices Kim Shin - Do-

Justices Kim Yong-deok

Justices Kim Gin-young

Chief Justice Lee Ki-taik

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