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(영문) 대법원 2016.09.28 2016도8349
배임수재
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendants on the charges of this case on the ground that there was no proof of crime.

The judgment below

Even if examining the reasoning of the lower judgment based on the record, the lower court did not err by misapprehending the legal doctrine on “illegal solicitation” in relation to the crime of taking property in breach of trust, and the crime of giving property in breach of trust, or by misapprehending the legal doctrine on “illegal solicitation” in the crime of taking property in 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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