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(영문) 대법원 2018.09.13 2018도9343
배임수재등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant D’s appeal in light of the evidence duly admitted, the lower court, on the grounds indicated in its reasoning, determined that the Defendant D was guilty of the instant facts charged (excluding the part of acquittal on the grounds of its judgment), and was justifiable to order the Defendant D to additionally collect KRW 1,501,98,410.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by 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 taking property in breach of trust, violation of Article 23-2(1) of the former Medical Service Act (amended by Act No. 13658, Dec. 29, 2015; hereinafter “former Medical Service Act”), and calculation of the amount of additional collection, etc.

2. Examining the reasoning of the lower judgment on the grounds of Defendant G’s appeal in light of the evidence duly admitted, the lower court was justifiable to have determined that the instant facts charged against Defendant G was guilty on the grounds indicated in its reasoning, and to order Defendant G to additionally collect KRW 727,889,319.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal doctrine on taking property in breach of trust, by violating Article 23-2(1) of the former Medical Service Act, or by violating the statutory principle on the calculation of the amount of collection.

3. 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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