beta
(영문) 대법원 2016.4.15.선고 2015도20319 판결

가.배임수재·나.특정경제범죄가중처벌등에관한법률위반(사기)

Cases

2015Do20319 A. Breach of trust

(b) Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes

Defendant

1. A. B

2.(a)(b) C

Appellant

Defendants

Law Firm K (Attorneys GV, L, GW (for Defendants)

Law Firm GX (Attorney J) (for the Defendants),

Law Firm (LLC) GY (Attorneys GZ, HA, and HB) (Defendant B)

Judgment of the lower court

Gwangju High Court Decision 2015No172 Decided December 10, 2015

Imposition of Judgment

April 15, 2016

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 lower court, the lower court was justifiable to have convicted the Defendants of all the ancillary charges regarding taking the Defendants in breach of trust on the grounds stated in its reasoning. In so doing, 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 co-principals,

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 Yong-deok

Justices Lee In-bok

Justices Kim Gin-young

Justices Lee Ki-taik