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(영문) 대법원 2016.09.30 2016도8899

특정경제범죄가중처벌등에관한법률위반(횡령)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

The judgment below

Examining the reasoning of the lower court in light of the evidence duly admitted by the first instance court, it is justifiable for the lower court to have convicted the Defendants of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) (Embezzlement), which is the facts charged in the instant case, based on its stated reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by misapprehending the legal doctrine on the status of the custodian of the crime of embezzlement, intent of unlawful acquisition, conspiracy of joint principal offenders, calculation of the amount of embezzlement, etc.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.