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(영문) 대법원 2017.09.21 2017도5347
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements of reasons for appeal filed after the deadline for appeal).

1. Defendant A and B’s grounds for appeal should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the method of selecting evidence and the probative value of evidence conducted on the premise of fact-finding belongs to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court, on the grounds indicated in its reasoning, determined by the lower court, cannot be deemed legitimate and effective, and compulsory execution based on the final judgment of the lawsuit claiming a penalty against four N companies, includingO, is not allowed as abuse of rights. The set-off agreement and the deposit and deposit slip were prepared formally and were not actually established. The above Defendants participated in the crime of this case, and the purpose and intent of evading compulsory execution was intentionally and intentionally committed against the above Defendants, and the intent of breach of trust was found to have caused damage to the N company, or it was found to have caused damage to the part bearing a false debt, and rejected the aforementioned Defendants’ allegation that there was a mistake in the legal principles and reasoning for appeal.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts leading to such determination. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court. In addition, even after examining the reasoning of the lower judgment in light of the aforementioned legal principles, the relevant legal principles as indicated in the lower judgment, and the evidence duly admitted, the lower court’s judgment is justifiable, as otherwise alleged in the grounds of appeal.

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