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(영문) 대법원 2018.01.24 2017도16585
배임수재등
Text

All appeals are dismissed.

Reasons

1. The defendants' grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Of the facts charged in the instant case, the lower court convicted Defendant A of the charges of taking property in breach of trust and the charges of taking property in breach of trust by Defendant B.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, 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 probative value of the receipt of breach of trust, the document

2. The prosecutor's appeal is examined.

The gist of the grounds for appeal is as follows: (a) according to the evidence submitted by the prosecutor, even though it is sufficiently recognized that Defendant A prepared a certificate of fairness in monetary consumption lending and lending contract even though he/she was aware that he/she did not have an obligation to return investment funds to P, etc., the lower court did not recognize the intent of the above Defendant in violation of the

However, the recognition of facts, the selection and evaluation of evidence is within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

In light of the record, even if examining the reasoning of the judgment below, the recognition of the facts exceeded the limit of free evaluation of evidence.

shall not be deemed to exist.

3. The Defendants and the Prosecutor’s appeals are dismissed in entirety on the grounds that they are without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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