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(영문) 대법원 2013.07.11 2013도470
배임
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court rejected the Defendant’s grounds of appeal claiming mistake of facts or misapprehension of legal principles with respect to the facts charged of this case, and upheld the first instance judgment.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the timing of determining intent in breach of trust, 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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