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(영문) 대법원 2016.11.10 2015도19614
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

All appeals are dismissed.

Reasons

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

1. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty on the part of the instant facts charged, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted and examined by the first instance court, 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 fraud, contrary to what is alleged in

2. On the grounds of appeal by the prosecutor, the court below found the Defendant not guilty on the ground that there was no evidence of crime as to the Defendants’ violation of trust in the process of transferring the electrical business portion of G, which was modified among the facts charged in the instant case, violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) in the process of transferring D, and violation of

The judgment below

Examining the reasoning in light of the record, 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, or by misapprehending the legal doctrine on breach of trust.

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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