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(영문) 대법원 2016.01.28 2015도16573
특정경제범죄가중처벌등에관한법률위반(배임)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the evidence duly admitted, the lower court, on the grounds indicated in its reasoning, was justifiable to have determined that the lower court convicted Defendant B of the charge of forging private documents and exercising the above investigation documents, false entry of the original of the deed, the exercise of the original of the deed of process, and fraud.

Contrary to the allegations in the grounds of appeal by the above defendant, there were no errors by misapprehending the legal principles regarding strict proof and burden of proof, presumption of innocence, fabrication of private documents, and timing of the acceptance of fraud, or by failing to exhaust all necessary deliberations, or by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules.

2. Examining the reasoning of the judgment of the court below in light of the records, it is justifiable to maintain the judgment of the court of first instance which acquitted the Defendants of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (in the indictment of this case against the Defendants) on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on breach of trust.

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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