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(영문) 대법원 2017.4.27.선고 2017도2180 판결

배임수재

Cases

2017Do2180 Acceptance of Misappropriation

Defendant

1. A;

2. B

Appellant

Defendants

Defense Counsel

Law Firm (LLC) BL (Defendant 1)

Attorney BM, BN, BO, BP, Q

Law Firm BR (For Defendant 1)

Attorney BS, BT, BU, BV, BW, X, BY

Law Firm (LLC) C (Defendant 1)

Attorney BZ, D, F

Law Firm G (Defendant 2)

[Defendant-Appellant]

Judgment of the lower court

Seoul High Court Decision 2016No2925 Decided January 20, 2017

Imposition of Judgment

April 27, 2017

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined together (to the extent of supplement in case of supplemental appellate briefs not timely filed by Defendant A).

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to have found the Defendants guilty of all the modified 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 misapprehending the legal doctrine on wrongful solicitation in the crime of taking property in breach of trust, the burden of proof of acquiring property, the subject of public offering, and the evidence law, or by omitting judgment or omitting reasoning.

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 Chang-suk

Justices Cho Jong-hee-

Justices Park Sang-ok