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(영문) 대법원 2016.03.24 2015도3043

업무상배임

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).

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court and the first instance court, the lower court’s finding the Defendant guilty of occupational breach of trust of KRW 133,00,00 in the portion using the corporate card at G cafeteria among the instant facts charged, 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 in violation of logical and empirical rules, contrary to what is alleged in the

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court and the first instance court on the grounds of the prosecutor’s appeal, the lower court was justifiable in maintaining the first instance judgment that found the Defendant not guilty of the crime of occupational breach of trust, on the grounds stated in its reasoning, on the ground that the remaining part of the Defendant was not proven as to the crime of occupational breach of trust. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

On the other hand, the prosecutor filed an appeal against the guilty portion of the judgment below, but there is no specific reason for appeal as to this part of the petition of appeal or the reasoning of appeal.

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