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(영문) 제주지방법원 2016.12.22 2016나790
절취금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Facts of recognition;

A. On September 19, 2014, the prosecutor in charge of the Jeju District Public Prosecutor’s Office prosecuted the Defendant on the charge that “The Defendant, from around 11:00 on April 14, 201 to around 11:00 on the same month, was a summary order of KRW 3 million for a fine of KRW 1.4 million, on the grounds that “The Defendant, from around 11:00 on April 14, 201 to around 11:0 on the Jeju Special Self-Governing Province, was the Plaintiff’s domicile.”

B. The Defendant appealed to this and filed a formal trial, and the court of first instance rendered a judgment of innocence (Supreme Court Decision 2014Ma924 Decided February 6, 2015) on the ground that the offense was not proven beyond a reasonable doubt.

Therefore, although the prosecutor appealed, the judgment dismissing the appeal was pronounced (Supreme Court Decision 2015No82 Decided October 8, 2015), the prosecutor appealed, but the judgment dismissing the appeal was pronounced.

(Supreme Court Decision 2015Do16958 Decided January 28, 2016). [Grounds for recognition] A without dispute, entry of Gap evidence 1, Eul evidence 2 and Eul evidence 3 (including provisional numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2. Judgment on the ground of the Plaintiff’s claim

A. The plaintiff asserts that since the defendant stolens the plaintiff's check and cash totaling KRW 14.4 million, it should be returned.

B. However, unlike the above criminal judgment, there is not sufficient evidence to acknowledge that the defendant stolens the plaintiff's money, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion cannot be accepted.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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