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(영문) 대법원 2016.12.27 2016도14580
업무상배임
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court determined that Defendant A was in the position of a person who administers his or her business to creditors, and that Defendant B should be liable for the crime of breach of trust as he or she committed an act of breach of trust in collusion with Defendant A, and rejected the Defendants’ assertion disputing this.

The ground of appeal disputing the fact-finding, which is the basis of the judgment of the court below, is merely an error of the judgment of the court below as to the choice of evidence and probative value, which belongs to the free judgment of the court

In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the crime of breach of trust or exceeding the bounds of

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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