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(영문) 대법원 2016.10.13 2016도7150
업무상배임
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the court below rejected the Defendants’ allegation in the grounds of appeal as to mistake of facts, based on the following: (a) the Defendants conspired to act as a person who administers the business affairs of the Victim E (hereinafter “victim E”) with the instant data corresponding to the main business assets, thereby recognizing the intent of breach of trust.

Of the grounds of appeal, the argument disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment of the fact-finding court. In light of the aforementioned legal principles and relevant legal principles as well as the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal principles as to liability for nonperformance, trade secrets, other person’s business of breach of trust on duty, and intention of unlawful acquisition

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the Defendants, the argument that the sentencing of punishment

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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