업무상횡령(인정된죄명:업무상배임)
2017Do19761 Occupational embezzlement (a recognized crime: Occupational Breach of Trust)
A person shall be appointed.
Defendant
Law Firm M
Attorney X-
Seoul Central District Court Decision 2017Do3082 Decided November 16, 2017
April 24, 2018:
The appeal is dismissed.
The grounds of appeal are examined.
Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable for the lower court to have found the Defendant guilty of the instant facts charged (excluding the part on acquittal of the reasoning) on the grounds as indicated in its reasoning. In so doing, 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 exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the distinction between intention, unlawful acquisition
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Min You-sook
Justices Kim Jae-tae
Justices Jo Hee-de
Justices Kim Jae-sik, Justice Kim Jae-sik.