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(영문) 대법원 2014.02.27 2013도15433
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the Defendants on the grounds that the facts charged against the Defendants constituted a case without proof of criminal facts, and sentenced the Defendants not guilty.

The judgment below

Examining the reasoning of the judgment below in light of the relevant legal principles and records, it is just to take such measures. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the status of a person who administers another's business in the crime of occupational breach of trust, the act of breach of trust, the relationship between fraud and the crime of breach of trust, and the intent of breach of trust

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

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