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(영문) 대법원 2015.01.29 2013도12959
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. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the Defendant’s grounds of appeal, the lower court’s conviction of all of the facts charged in the instant case and the modified facts charged on the grounds indicated in its reasoning is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or misapprehending the legal principles on management judgment of occupational breach of trust.

2. On the grounds of appeal by the prosecutor, the court below affirmed the judgment of the court of first instance which acquitted all of the charges on the ground that there is no proof of crime as to the crime of occupational breach of trust due to the receipt of dividends, on the grounds of its stated reasoning.

Examining the relevant legal principles and records, the lower court’s aforementioned determination is justifiable.

In doing so, there is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on fraud or fraud, or by violating the relevant Supreme Court precedents or omitting necessary judgments.

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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