logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.10.08 2015도6248
배임수재등
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 ground of appeal on the receipt of property in breach of trust and the receipt of property in breach of trust

A. Examining the reasoning of the lower judgment in light of the evidence duly admitted and investigated by the lower court, it is justifiable for the lower court to have convicted Defendant A and B of taking property in breach of trust, and of taking property in breach of trust against Defendant C and D on the grounds as stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of the logical and empirical rules, or by misapprehending the legal doctrine on taking property in breach of trust and taking property in breach of trust, thereby exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on taking property in breach of trust, taking property in breach of trust and taking property in breach of trust

B. According to the trial records of the court below, the court below renewed the trial proceedings on the fourth trial date with the consent of the persons involved in the case, examined evidence by considerable means, and stated that the persons involved in the case did not raise any objection thereto. Thus, it is legitimate for the court below to have admitted the evidence again examined after the renewal of the trial proceedings as mentioned above as evidence for conviction, and there is no violation of law by misapprehending the legal principles as to the validity

2. Examining the grounds of appeal on the violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment in light of the evidence duly admitted and investigated by the court below, the court below is just in finding the defendant A and B guilty of violating the Act on the Regulation and Punishment of Criminal Proceeds Concealment, and it is against the law of logic and experience.

arrow