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(영문) 대법원 2019.07.11 2019도5479
업무상배임
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 facts charged (excluding the part not guilty in the grounds of appeal) on the grounds indicated in its reasoning.

Examining the relevant legal principles and evidence duly admitted, 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 unlawful acquisition intent and business judgment rule in the context of the specification of facts charged, illegally collected evidence, joint principal offender, and occupational breach of trust.

2. As to the grounds of appeal by Defendant C, the lower court convicted Defendant C of the facts charged against Defendant C (excluding the part not guilty in the grounds of appeal) on the grounds indicated in its reasoning.

Examining the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 unlawful collection evidence, burden of proof, occupational breach of trust, intentional act of breach of trust, intent of unlawful acquisition and business judgment, etc.

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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