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(영문) 대법원 2014.10.30 2014도10304

업무상횡령

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the evidence duly admitted by the court of fact-finding unless it exceeds the bounds of the principle of free evaluation of evidence, the judgment of the court of fact-finding is justified in finding the guilty of the facts charged of this case for reasons as stated in its holding, and contrary to what is alleged in the grounds of appeal, there is no violation of the principle of free evaluation of evidence against the law of logic and experience.

In addition, we cannot accept the allegation in the ground of appeal that the lower court erred by misapprehending the legal doctrine on the criminal intent of embezzlement in the crime of occupational embezzlement on the premise of facts different from the facts recognized by the lower court.

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