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(영문) 대법원 2016.05.12 2016도2547
배임수재
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to Defendant A’s grounds for appeal, it is justifiable for the lower court to have additionally collected KRW 1.72 billion against Defendant A, on the grounds indicated in its reasoning, to have found Defendant A guilty of all the modified charges of this case (excluding the first instance court and the part that the lower court acquitted the Defendant of the grounds). In so doing, the lower court did not err by misapprehending the legal doctrine of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine of free evaluation of evidence.

2. Examining the reasoning of Defendant B’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding Defendant B guilty of all the charges of this case (except for the part on which the first instance court acquitted Defendant B of the grounds) on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the intent of unlawful acquisition in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) by misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to the wrongful solicitation in the crime of

3. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting Defendant A of the violation of trust of KRW 370 million, which was received from N from the representative director of M Co., Ltd., among the modified facts charged in this case against Defendant A, on the grounds that there is no proof of crime, and acquitted Defendant A of the reasons therefor.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal.

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