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(영문) 대법원 2020.02.27 2019도18996
업무상배임
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendants’ grounds of appeal, the lower court found the Defendants guilty of each part of the Defendants’ occupational breach of trust on or around December 19, 2014 and on or around December 23, 2014, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court 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 establishment of occupational breach of trust

2. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment that found the Defendants guilty on the ground that there was no proof of a crime regarding each part of occupational breach of trust around October 2014 and around June 2015, among the facts charged against the Defendants, and acquitted the Defendants.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, 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 “major assets in business” which are the objects of

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state specific grounds for objection on the guilty portion in the petition of appeal or the appellate brief.

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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