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(영문) 대법원 2018.03.15 2017도13328
배임
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of appeal as to the Defendants’ breach of trust in light of the relevant legal principles and records, it is justifiable for the lower court to have upheld the first instance judgment that acquitted the Defendants of the breach of trust among the facts charged in the instant case on the grounds stated in its holding

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal doctrine on “a person who administers another’s business” in breach of trust.

2. Examining the reasoning of the lower judgment regarding Defendant B’s embezzlement in light of the record, it is justifiable for the lower court to have upheld the first instance judgment that acquitted Defendant B of the embezzlement of the facts charged in the instant case on the grounds stated in its holding.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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

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