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(영문) 대법원 2019.05.16 2019도1435
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant B, the lower court convicted Defendant B of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in relation to the victim G acquisition fund among the facts charged against Defendant B.

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal doctrine and evidence duly admitted, although there is a somewhat inappropriate part at the time of the reasoning of the lower judgment, the lower court did not exhaust all necessary deliberations, and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the specification of facts charged, probative value of evidence, joint principal offenders, “a person who administers another’s business” in the crime of breach of trust, timing and time of taking measures, risk of actual loss of property, calculation of pecuniary profits, and calculation of the amount of embezzlement

2. As to the Defendant F’s grounds of appeal, the lower court convicted Defendant F of the facts charged against Defendant F, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not exhaust all necessary deliberations, but did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, misapprehending the legal doctrine on the probative value of evidence, and the calculation of the amount of intent and embezzlement of aiding and abetting in embezzlement, and violating

3. 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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