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(영문) 대법원 2016.04.29 2016도1418

업무상횡령

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the Defendant was guilty of occupational embezzlement among the facts charged in the instant case on the grounds stated in its reasoning is justifiable. In so doing, the lower court did not err by exceeding the bounds of the principle of logic and experience, exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the consignment relationship of custody in the crime of occupational embezzlement and the intention of unlawful acquisition.

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