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(영문) 대법원 2020.02.06 2019도16486
업무상배임등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant A’s grounds of appeal, the lower court convicted Defendant A of the part on occupational breach of trust among the facts charged against Defendant A.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court 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 establishment of occupational breach of trust.

2. As to the Defendant B’s grounds of appeal, the lower court convicted Defendant B of the part on occupational breach of trust among the facts charged against Defendant B.

The judgment below

Examining the reasoning in light of the evidence duly admitted, 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 establishment of joint principal offenders and occupational breach of trust, or by omitting necessary judgment.

3. As to Defendant C’s appeal, the Defendant did not submit the grounds of appeal within the submission period, and did not state the grounds of appeal in the petition of appeal.

4. On the grounds of appeal by the prosecutor, the lower court acquitted the Defendant on the charge on the charge of fraud part among the charges against Defendant A and B, and the charge against Defendant C, on the grounds that there was no proof of crime regarding the forgery of private documents and the uttering of private investigation documents related to 119 persons, including AD,

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment 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 comprehensive consent, etc. in deception and document crime

5. 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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