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(영문) 대법원 2020.05.14 2020도2599
업무상배임등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below found the Defendants not guilty on the ground that there was no proof of a crime regarding the portion of the occupational breach of trust related to the Defendant Company A and B, the portion of the Defendant Company L-related occupational breach of trust, the portion of the Defendant Company B and C’s occupational breach of trust related to the Defendant Company B and C, the portion of the Defendant Company F-related occupational breach of trust related to the Defendant Company E, and the portion of the evidence of breach of trust as stated in No. 5 No. 16, 23, and 24 of the list of crimes as

Examining the record in accordance with the relevant legal principles, the lower court did not err in its judgment 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 in the crime of occupational breach of trust, taking property in breach of trust and taking property in breach of trust.

2. As to the Defendants’ grounds of appeal, the lower court found the Defendants guilty on the part of the Defendants’ occupational breach of trust regarding the payment of advertising expenses for the advertising broadcast contract to H among the facts charged against the Defendants.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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 the establishment of occupational breach of trust

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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