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(영문) 대법원 2018.01.25 2017도18127
업무상배임등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court acquitted the Defendant on the ground that the grounds of the prosecutor’s appeal constituted a case of larceny among the modified facts charged in the instant case, on the grounds stated in its reasoning.

In light of the record, the lower court did not err by misapprehending the facts against the rules of evidence or by misapprehending the legal doctrine on the establishment of larceny, as otherwise alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not state the reasons in the petition of appeal and does not state the reasons for appeal.

2. Although examining the reasoning of the Defendant’s appeal in light of the relevant legal principles and evidence, the lower judgment that found the Defendant guilty of fraud among the modified facts charged in the instant case did not err by misapprehending the facts contrary to the rules of evidence or by misapprehending the legal doctrine on the establishment of fraud, as alleged in the grounds

Meanwhile, the Defendant appealed to the remaining guilty portion of the judgment below, but there is no indication of the grounds for appeal in the petition of appeal and no statement of the grounds for appeal can be found even in the statement of reasons for appeal.

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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