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(영문) 대법원 2017.9.26.선고 2017도5975 판결
배임수재,사기
Cases

2017Do5975 Acceptance of Misappropriation, Fraud

Defendant

A person shall be appointed.

Appellant

Defendant

Defense Counsel

Law Firm BM, Attorney BN, and BO

Law Firm (LLC) B, Attorney C

Judgment of the lower court

Seoul High Court Decision 2016No3411 Decided April 19, 2017

Imposition of Judgment

September 26, 2017

Text

The appeal is dismissed.

Reasons

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

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court was justifiable to have determined that all of the facts charged in the instant case was guilty on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence by failing to exhaust all necessary deliberations, thereby exceeding the bounds of the logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on wrongful solicitation, payment relationship, intent, etc.

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

Justices Park Jae-young

Justices Lee Ki-taik

Justices Park Young-young

Justices Kim Chang-suk

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