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(영문) 대법원 2017.09.12 2017도8758
배임수재
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements of grounds of appeal and Defendant’s written opinion submitted after the lapse of the period for submitting the grounds of appeal).

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court was justifiable to have determined that the facts charged in this case was guilty on the grounds stated in its reasoning.

In contrast to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence by violating logical and empirical rules, or by misapprehending the legal principles on the crime of taking property in breach of trust or by violating the principle

Meanwhile, the argument that the defendant was not in the position of "a person who administers another's business" among the grounds for appeal, and that the defendant's act constitutes "political act" which does not violate the social norms, is not a legitimate ground for appeal as it newly asserts in the final appeal that the defendant alleged on the grounds of appeal or was not subject to the judgment by the court below ex officio.

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

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