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(영문) 대법원 2019.05.30 2016도13059
배임
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court found the Defendant guilty of all the charges of this case on the ground that the Defendant completed the registration of establishment of a mortgage in the future of the KUnion as to Nos. D and Q as indicated in its holding, even though the contract was genuine and not rescinded.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, misapprehending the legal doctrine on “a person who administers another’s business” in breach of trust, and by

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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