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(영문) 의정부지방법원 2019.05.23 2018노2486
재물손괴
Text

The defendant's appeal is dismissed.

300,000 won of the costs of the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The toilet of erroneous determination of facts was constructed by F, the former lessee, and F acquired its ownership.

Since then, the defendant finally acquired ownership by acquiring the toilet of this case through the K-B-B-B-B-B-B-B-B-B-C-B-B-B

(b) The imposition of a fine of KRW 700,000 in total;

2. Determination

A. In the trial process of the appellate court’s determination of mistake of facts, there was no new objective reason that could affect the formation of a documentary evidence, and the first instance court’s determination of evidence was clearly erroneous.

Where there is no reasonable ground to deem that the argument leading to the fact-finding is remarkably unfair due to the violation of logical and empirical rules, etc., the determination on the fact-finding of the first instance court should not be followed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The Defendant asserted in the lower court that this part of the grounds for appeal are the same. The lower court asserts that the Defendant was concluded between the victim E and the former lessee F on April 11, 2014 between the statement about the process of remodeling and ownership of the toilet of this case, and between F and H on April 11, 2014, that the said premium payment contract was concluded between the transferor F and the transferee J ( husband of the Defendant).

In both of the above premium payment contract, the letter "F (hereinafter referred to as "A") and the transferee J (hereinafter referred to as "B") shall enter into a premium payment contract as follows." However, the "transferee (B)" at the bottom of the contract includes the address and trade name of H, registration number, and the name of K, and the name of the representative of H, and the head of H's corporation is sealed.

In addition, the transferee's "agent(B)" includes the address, resident registration number, and name of J and the J's unmanned seal affixed thereon. The above premium payment contract is F (transferor).

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