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Cases
2019Do15353 A. Misappropriation
(b) Violation of the Act on the Aggravated Punishment of Specific Economic Crimes;
(c) Property in breach of trust;
Defendant
1. A.
2.(c) B
Appellant
Defendants
Defense Counsel
Attorney Park Young-chul, Park Jong-sung, and Transmission (for the defendant A)
Law Firm (for defendant B), Law Firm (for the sake of defendant B)
Attorney Min Il-young, Min Il-young, Kim So-young, and Mai
Attorney Sung Jin-jin (Nek for the defendant B)
Judgment of the lower court
Seoul High Court Decision 2018No2235 Decided October 11, 2019
Imposition of Judgment
February 13, 2020
Text
All appeals shall be dismissed.
Reasons
The grounds for appeal are determined.
1. As to the grounds of appeal by Defendant A, the lower court affirmed the first instance judgment convicting Defendant A of the facts charged on the grounds as indicated in the judgment of the lower court. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and evidence duly admitted, 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 the legal doctrine on illegal solicitation, payment relationship, intention, etc. in relation to the possession and transfer of copyright, and the crime of taking property in breach of trust.
2. As to the grounds of appeal by Defendant B, the lower court affirmed the first instance judgment convicting Defendant B of the facts charged on the grounds as indicated in the judgment below. Examining the grounds of the first instance judgment in light of the relevant legal principles and the evidence duly admitted, the lower court did not err by failing to exhaust all necessary deliberations in its judgment, thereby exceeding the bounds of the due diligence due to breach of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the intent and proof of unlawful acquisition.
3. Conclusion
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 Jae-hyung
Justices Min You-sook
Justices Lee In-bok and Lee Dong-won