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(영문) 대법원 2016.10.27 2015도18414
배임수재등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the Defendants’ grounds of appeal, the lower court, on the grounds stated in its reasoning, found the Defendants guilty of the charge of taking property in breach of trust as stated in [Attachment 13, 17, 19, 37] among the facts charged in the instant case, and of the violation of the Rental Housing Act.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the binding force of the judgment of remand, the principle of trial on evidence, the principle of taking in breach of trust, and the legal principles

2. On the grounds of appeal by the prosecutor, the court below acquitted the prosecutor on the charge of violation of the Rental Housing Act, on the ground that there was no proof of crime as to the charge of taking property in breach of trust as stated in the attached Table 1 through 12, 14 through 16, 18, 20 through 36, 38, and 95 of the judgment below among the charges in this case.

Examining the record, the above determination by the court below is justifiable.

In so doing, 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 illegal solicitation of breach of trust taking.

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no statement in the petition of appeal or the appellate brief on the guilty part.

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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