beta
(영문) 대법원 2019.06.13 2019도4391

배임수재등

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. The lower court found Defendant A guilty of taking property in breach of trust related to J, B, C, D, and E among the facts charged against Defendant A, and of fraud (excluding the part not guilty of the grounds out of the C-related property in breach of trust).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “a person who administers another’s business” and “unlawful solicitation” in the crime of deception, deception, and embezzlement in fraud.

2. The lower court convicted Defendant E of the facts charged regarding Defendant E’s ground of appeal

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

3. The lower court reversed the judgment of the first instance court that found Defendant A guilty on the ground that there was no proof of crime as to the part of the O-related property in breach of trust among the facts charged against Defendant A, and sentenced Defendant A not guilty.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by violating the principle of court-oriented trial and

4. The Defendants and the Prosecutor’s final appeal are all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.