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(영문) 대법원 2020.09.24 2020도7497
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the Defendant, the lower court reversed the first instance judgment that acquitted the Defendant of the violation of trust entitlement due to the payment of benefits to C among the instant facts charged, and found the Defendant guilty.

The judgment below

Examining the reasoning in light of the relevant legal principles and 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 establishment of the crime of taking property in breach of trust by a third party, or by violating the principle of

2. On the grounds stated in its reasoning, the lower court rendered a judgment of acquittal on the grounds that the statute of limitations has expired with respect to each part of the charges of taking property in breach of trust listed in the list of crimes (3) Nos. 1 through 161 of the instant facts charged in the instant case, and acquitted the Defendants on the grounds that there was no proof of each crime with respect to each part of the charges of taking property in breach of trust listed in the list of crimes Nos. 162 through 348 of the same list of crimes,

Examining the record in accordance with the relevant legal doctrine, 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 intention, conspiracy, and acquittal of fraud

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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