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(영문) 대법원 2013.10.17 2013도9770

특정경제범죄가중처벌등에관한법률위반(배임)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For reasons indicated in its reasoning, the lower court: (a) on the grounds indicated in its reasoning, the right to collateral security was extinguished;

The first instance judgment convicting the Defendant of the instant facts charged was affirmed. The lower court rejected all the grounds for appeal as to mistake of facts alleged that the Defendant consented to the Defendant’s disposal of the prone form offered as security for transfer, and affirmed the first instance judgment convicting the Defendant of the instant facts charged

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 legal doctrine regarding light agreement or consent of the victim, implied agreement, constructive consent and the status of manager, etc., or by exceeding the bounds of the principle of free evaluation of evidence and by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

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