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(영문) 대법원 2017.02.15 2016도20172
업무상배임등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the Defendant’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that the Defendant was guilty of having committed occupational breach of trust No. 5 of the attached Table No. 1 of the facts charged in the instant case, on the grounds indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on occupational breach of trust, contrary

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to maintain the judgment of the court of first instance which acquitted the prosecutor of the instant facts charged (excluding the guilty portion) on the ground that there is no proof of crime. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free conviction in violation of logical and empirical rules, or by misapprehending the legal principles on occupational breach of trust due to the scope of trade secrets under the Unfair Competition Prevention and Trade Secret Protection Act and the removal of major business assets.

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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