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(영문) 대법원 2014.10.27.선고 2014도6142 판결
가.건설산업기본법위반·나.독점규제및공정거래에관한법률위반
Cases

2014Do6142 A. Violation of the Framework Act on the Construction Industry

(b) Violation of the Monopoly Regulation and Fair Trade Act;

Defendant

1. Large forest industry stock company;

2. Hyundai Construction Company.

Appellant

Defendants

Defense Counsel

Attorney Park Jong-soo (for defendant Dae-soo, Corporation)

Attorney AB, D, AC (for Defendant Hyundai Construction Co., Ltd.)

Judgment of the lower court

Gwangju District Court Decision 2013Do2814 Decided April 30, 2014

Imposition of Judgment

October 27, 2014

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 first instance court, the lower court is justifiable to have found the Defendants guilty of all the charges of this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the violation of the Monopoly Regulation and Fair Trade

Of the grounds of appeal by Defendant Hyundai Construction Co., Ltd., the allegation that there was an error of law in the misapprehension of legal principles as to the number of crimes in the judgment below is not a ground of appeal, or that the court below did not consider it as a subject of judgment ex officio, and thus,

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 Shin Young-chul

Justices shall award and decoration.

Justices Kim Chang-suk

Justices Cho Jong-hee

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