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(영문) 대법원 2016.03.24 2014도14687

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court is justifiable to have determined that the Defendants were guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) among the facts charged in the instant case on the grounds stated in its reasoning.

In doing so, 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 misapprehending the legal doctrine on the position of an illegally obtained intent and custodian in embezzlement, thereby adversely affecting the conclusion of the judgment.

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