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(영문) 대법원 2020.05.14 2020도3465
배임등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below affirmed the judgment of the court of first instance that acquitted Defendant A on the part of the facts charged in the instant case on the ground that there is no proof of crime, and acquitted Defendant B on the part of embezzlement on the ground that there is no proof of

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on joint principal offense in breach of trust and embezzlement.

2. As to the grounds of appeal by Defendant B, the lower court upheld the first instance judgment convicting Defendant B of the violation of trust among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal doctrine on another person’s business, or by misapprehending the legal doctrine on the

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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