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(영문) 대법원 2018.01.25 2015도20412
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment that acquitted the Defendant on the charge of occupational breach of trust among the facts charged in the instant case and sentenced the Defendant guilty.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by misapprehending the legal doctrine on the act of violation of duties in the occupational breach of trust, the occurrence of property damage, and the acquisition of pecuniary benefits, as alleged in the grounds of appeal.

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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