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(영문) 대법원 2015.05.29 2014도14978

농업협동조합법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment regarding Defendant A’s grounds of appeal in light of the record, the lower court was justifiable in its judgment that found Defendant A guilty of the act of making an act of making a contribution by lending KRW 10 million among the ancillary facts charged in the instant case 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, exceeding the bounds of the principle of free evaluation of evidence, misapprehending the legal doctrine regarding

2. As to the grounds of appeal by the prosecutor, the court below acquitted Defendant A of the charge of making a contribution due to the act of lending interest with the main facts charged of this case and the ancillary facts charged of this case, and judged Defendant B not guilty of the primary facts charged of this case and the ancillary facts charged of this case, on the ground that there is no evidence of the crime, the court below affirmed the judgment of the court of first instance which acquitted the Defendant, and judged Defendant B not guilty of the ancillary facts added by the court below as

The judgment below

Examining the reasoning and record, the lower court’s aforementioned determination is justifiable. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on joint principal offenders or Article 50(11)1 of the Agricultural Cooperatives

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