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(영문) 대법원 2013.12.26 2012도8065

업무상배임

Text

All appeals are dismissed.

Reasons

We examine the grounds of appeal.

1. Examining the reasoning of the lower judgment and the evidence duly admitted by the first instance court, the lower court was justifiable to have found all of the facts constituting the instant crime guilty. In so determining, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on occupational breach of trust and the establishment of co-principal.

2. Defendant F’s ground of appeal that the illegality of Defendant F’s act is excluded as an act that does not contravene social norms, is alleged in the ground of appeal, and it does not constitute a legitimate ground of appeal, as it is alleged in the ground of appeal by the above Defendants to the effect that the above Defendants’ act was not in violation of social norms.

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