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(영문) 대구고등법원 2018.11.09 2018누4169
출국명령처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning the instant case is as stated in the reasoning of the first instance judgment, except for modification or addition of a trial decision as follows. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. A corrected or added portion;

A. On the 3rd part of the judgment of the court of first instance, “In view of the points of view, etc.,” the phrase “to consider the following factors: (a) the Plaintiff is supporting the mother of the age of 93 in Korea; and (b) the Plaintiff, other than the Plaintiff, has no relative to support the said mother.”

B. The plaintiff asserts that even in the trial of the political party, the plaintiff did not have any ground for partial disposition of the instant disposition, since the plaintiff merely received investment KRW 50 million from the victim by gathering the return of the patent license of E Co., Ltd., and did not have any ground for deception by deceiving the victim.

However, even if a civil or administrative trial is not bound by the finding of facts in a criminal trial, the facts that the criminal judgment already finalized on the same factual basis was found guilty are valuable evidence, and thus, the facts against this cannot be acknowledged unless there are special circumstances where it is difficult to adopt the decision of facts in the criminal trial in light of other evidence submitted in the civil or criminal trial.

(See Supreme Court Decision 201Du28240 Decided May 24, 2012, 201). According to each of the statements in the evidence No. 2 No. 2 and this court’s significant facts, the Plaintiff was indicted for committing a crime that, on October 2013, he/she acquired a total of KRW 50 million from the victim by transfer of KRW 50 million from the victim by fraudulent means, such as “A stock company B shall have 34 or more patents for substances added to a funeral, liver, etc.” and was sentenced to conviction (Tgu District Court Decision 2015Da3906 (Tgu District Court).

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