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(영문) 대법원 2013.06.13 2012도15785
특정경제범죄가중처벌등에관한법률위반(배임)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on Defendant A’s grounds of appeal in light of the evidence duly admitted, the lower court did not exhaust all necessary deliberations, but 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 the status of a person who administers another’s business in breach of trust, breach of trust, and property damage, etc., contrary to what is alleged in the grounds of appeal.

2. As to the Defendant B’s grounds of appeal, the lower court, on the grounds indicated in its reasoning, reversed the first instance judgment that acquitted Defendant B, and found Defendant B guilty.

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, or by misapprehending the legal doctrine on the amendment of indictment, the status of custodian in embezzlement, and the intention of unlawful acquisition, or failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

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

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