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(영문) 대법원 2017.12.28 2017도17651

특정경제범죄가중처벌등에관한법률위반(횡령)등

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The appeal is 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).

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have determined that all of the charges of this case (excluding non-crimes) against the Defendant 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 custodian’s status and intent to obtain unlawful acquisition in embezzlement, deception and deception in fraud, intent to commit fraud, and principle of court-oriented trial.

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