logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.01.24 2017도18743
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant A’s appeal, the lower court’s determination that Defendant A was guilty of committing fraud against the victim N andO among the instant facts charged against Defendant A and of occupational breach of trust on the grounds stated in its reasoning is justifiable.

In doing so, there was no error by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the specification of the facts charged in the crime of deception and deception, conspiracy, breach of duty, intent of breach of trust and property damage in the crime of fraud, or by omitting judgment.

2. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant B’s appeal, the lower court’s determination that the Defendant was guilty of occupational breach of trust among the facts charged in the instant case against Defendant B on the grounds stated in its reasoning is justifiable.

In doing so, there were no errors by exceeding the bounds of the principle of free evaluation against logical and empirical rules, or by misapprehending the legal principles on joint principal offenders, breach of duties, intent of breach of trust, property damage, etc. in the course of occupational breach of trust.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow