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(영문) 대법원 2016.08.29 2016도8688
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The defendant's grounds for appeal shall 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 the 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). The court below, on the grounds as indicated in its reasoning, received money in return for unjust solicitation that the defendant, as the inside director of the JJ (hereinafter "J") who engages in the business of divating franchising franchising with the business cover "I"), receives money from B in return for unjust solicitation that the defendant would be able to continue to supply food materials to the "I" franchise store in the position of the person who is in charge of the business of J (hereinafter "J") and would have received money in return for the request from Mranchis to continue to perform the construction work on the basis of Mranchis.

(2) there was an amount that J could have received from the money paid upon the receipt of an unlawful solicitation.

Even on the premise that the amount paid should be considered as the price for illegal solicitation, the Defendant’s payment in cash from around April 201 to September 201 is not the advertising cost for J, but the price for illegal solicitation related to the supply of food materials, and the Defendant’s payment in return for illegal solicitation except for the sales revenue from the money received from B, including this, was 2,734,983,684 won, and the Defendant rejected and convicted the Defendant of the grounds of appeal by mistake of facts and misapprehension of legal principles.

The allegation in the grounds of appeal is the purport of disputing the recognition of facts that form the basis of such judgment of the court below. It is nothing more than denying the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. Furthermore, the reasoning of the judgment below is the above legal principles and related

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