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(영문) 대법원 2019.06.13 2019도1951

특정경제범죄가중처벌등에관한법률위반(배임)

Text

All appeals are dismissed.

Reasons

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

For the reasons indicated in its holding, the lower court convicted the Defendants of the facts charged (excluding the part not guilty in the grounds).

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the establishment of a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of trust), special resolution of the general meeting of shareholders, the special resolution of the general meeting of shareholders, the identity and status of the accomplice of occupational breach of trust, the business judgment rule

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