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(영문) 대법원 2019.05.30 2019도3278
업무상배임
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The court below reversed the judgment of the first instance court that found the charged facts of this case guilty on the grounds that there is no proof of crime, and acquitted the defendant.

The judgment below

Examining the reasoning of the judgment below in light of the record, 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 intent of the crime of occupational breach of trust, business judgment, breach of trust, risk of property damage, causation, timing of acceptance, etc.

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

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