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(영문) 대법원 2016.10.13 2016도11788
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly adopted by the court below and the first instance court, it is just to find the court below guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) by conspiracy with B among the facts charged in the instant case on the grounds as stated in its reasoning. Contrary to what is alleged in the grounds of appeal, the court below 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 principles on the crime of breach of trust

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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