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(영문) 대법원 2018.07.26 2018도7441
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court rendered a judgment on the grounds of the prosecutor’s final appeal, among the instant facts charged, acquitted all of the part on occupational breach of trust, coercion, indecent act, and defamation by publication, and defamation due to the acquisition of expenses for the promotion of the business, as a result of the occupational breach of trust, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Special Economic Crimes Act”), the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “M”), the violation of the Act on the Aggravated Punishment, etc.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, 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, contrary to what is alleged in the grounds of appeal, or by misapprehending the legal doctrine on the intent of breach of trust and breach of trust, the person who administers another’s business in the course of occupational breach

2. The lower court found the Defendant guilty of the part on occupational breach of trust due to the violation of the Act on the Specific Economic Crimes (outstanding) and the payment of milk for household affairs, among the facts charged in the instant case, on the grounds of the Defendant’s appeal.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court and the relevant legal doctrine, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation against logical and empirical rules, or by misapprehending the legal doctrine on the qualification of the president of the school juristic person to operate school expenses, the calculation of the amount of damages in breach of trust, and the evaluation of the amount of benefits in violation of

3. The final appeal by the prosecutor and the defendant is all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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