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(영문) 대법원 2014.06.26 2014도358

업무상횡령

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A and C in light of the evidence of the first instance court’s adoption, we affirm the lower court’s finding the Defendants guilty of each of the charges of this case on the grounds stated in its holding.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of misapprehending the facts in violation of logical and empirical rules or by misapprehending the legal principles on co-principal and embezzlement.

2. Examining the grounds of appeal by Defendant D in light of the evidence duly admitted by the lower court, we affirm the lower court’s finding Defendant D guilty of all the charges of this case on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the intent to obtain and prove guilty in embezzlement or by misapprehending the legal principles as to the degree of proof in a criminal trial, or by violating the principle of no punishment without law.

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