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(영문) 대법원 2017.11.09 2017도8902
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the court below and the first instance court on the grounds of Defendant B’s appeal, the court below was justified in finding Defendant B guilty of all of the charges of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and occupational breach of trust among the modified charges of this case against Defendant B on the grounds as stated in its reasoning.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by exceeding the bounds of the principle of free evaluation, or by misapprehending the legal doctrine on the person who administers another’s business in breach of duties, pecuniary gain, property loss, intent of a joint principal offender in breach of trust, consent of the victim, admissibility of recorded files, etc.

2. Examining the reasoning of the Prosecutor’s appeal, it is justifiable for the lower court to have maintained the first instance judgment that acquitted Defendant C and Defendant E on the ground that all of the changed charges of this case against Defendant C and Defendant E were not proven, on the grounds as stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal principles on the joint principal offender of the crime of breach of trust and the relationship of conspiracy in fraud.

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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