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(영문) 대법원 2015.12.10 2015도7166

업무상배임등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendants guilty of all the charges of this case except for the acquittal of the reasons against the Defendants. In so doing, the court below 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 principles on occupational breach of trust, subsidies’ budget and management

In addition, the argument that Defendant A cannot be the subject of the crime of occupational breach of trust is not a legitimate ground for appeal, as it is alleged in the ground of appeal that Defendant A did not take it as the ground for appeal or that the court below did not take it as the subject of judgment ex officio.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.