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(영문) 대법원 2018.12.28 2018도15802

업무상횡령

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, it is justifiable for the lower court to reverse the judgment of the first instance that found the Defendant guilty on the facts charged of this case on the grounds stated in its reasoning that there is no evidence of crime

Contrary to the allegations in the grounds of appeal, there is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on the intent to acquire unlawful acts in embezzlement and the burden of proof.

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